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07-072 - (PC) Franco v. Warden et al


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07-072 - (PC) Franco v. Warden et al
February 26, 2007
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ORDER signed by Judge Edmund F. Brennan on 2/23/07 ORDERING that pltf has 30 days from the date of service of this order to submit either the filing fee or the application required by Section 1915(a). The Clerk is DIRECTED to mail to pltf a form application for leave to proceed IFP. (Brown, T)
July 6, 2007
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ORDER signed by Judge Edmund F. Brennan on 07/06/07 ORDERING that the request to proceed IFP is GRANTED; pltf shall pay the statutory filing fee of $350.00 to be paid pursuant to the concurrent order; the complaint is DISMISSED with leave to amend within 30 days. (Manzer, C)
July 25, 2007
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ORDER signed by Judge Edmund F. Brennan on 7/24/07 re 13 request for extension of time filed by Michael Franco is GRANTED. Plaintiff has until 9/21/07 to file his amended complaint. (Cayo, A)
October 10, 2007
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 10/10/07 Recommending that this action be dismissed for Plaintiff's failure to state a claim and the Clerk be directed to close the case. These Findings and Recommendations are submitted to the US District Judge Frank C. Damrell, Jr.Within twenty days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. (Mena-Sanchez, L)
October 10, 2007
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ORDER signed by Judge Edmund F. Brennan on 10/10/07 ORDERING that the 7/6/07 ORDER directing Plaintiff's custodian to collect payments from Plaintiff's prison trust account 11 is VACATED. The Clerk shall serve a copy of this order upon the Director of the CDC and Rehabilitation and deliver a copy of this order to the Clerk's Financial division. The Clerk shall determine whether Plaintiff has paid more than the $350.00 filing fee, and if so return to Plaintiff any amounts paid in excess thereof. (Mena-Sanchez, L)
January 9, 2008
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ORDER ADOPTING 16 FINDINGS and RECOMMENDATIONS signed by Judge Frank C. Damrell Jr. on 1/8/08. This action is dismissed for plaintiff's failure to state a claim. CASE CLOSED(Dillon, M)