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07-1913 - (PC) Payne v. Sisto et al


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07-1913 - (PC) Payne v. Sisto et al
October 11, 2007
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ORDER signed by Judge Edmund F. Brennan on 10/11/07 DENYING 2 Motion to Appoint Counsel ; DENYING 6 Motion to Appoint Counsel and DISMISSING petition. Petitioner has 30 days to file either an amended petition or a civil rights action. Clerk to send copy of both habeas corpus and civil rights forms.(Dillon, M)
November 16, 2007
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ORDER signed by Judge Edmund F. Brennan on 11/16/07 DENYING w/o prejudice 13 Petitioner's Motion to Appoint Counsel. (Benson, A).
December 5, 2007
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ORDER signed by Judge Edmund F. Brennan on 12/5/2007 ORDERING 4 Application to proceed IFP filed by Orlando Payne is GRANTED. Plaintiff must pay the statutory filing fee of $350.00 for this action and make an initial payment of $30.00. All payments shall be collected and paid in accordance with the notice to the Director of CDC filed concurrently herewith. Claims against defendant Sisto, Singh, Terrazas, Dechant, or Cervantes are DISMISSED with leave to amend. Plaint may filed amended complaint w/i 30 days of service of this order. Clerk shall provide plaintiff with summons, 2 USM forms and instructions, and copy of 11/1/2007 pleading. Plaintiff shall complete and return forms for service by USM w/i 20 days. Defendants Fregoso and Barocio will be required to respond to plaintiff's allegations. (cc: USM and Financial unit)(Waggoner, D)
December 5, 2007
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ORDER signed by Judge Edmund F. Brennan on 12/5/2007 ORDERING plaintiff be assessed an initial partial filing fee of $.30. The remaining filing fee balance of $349.70 shall be collected in payments equal to 20% of proceeding month's income credit to his inmate trust account. Clerk shall serve copy of IFP on CDC and copy of this order on financial unit. (Waggoner, D) Modified on 12/6/2007 (Dillon, M).
December 27, 2007
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ORDER signed by Judge Edmund F. Brennan on 12/27/07 DENYING 8 Request for an order directing that he be given additional time in the law library. (Engbretson, K.)
February 28, 2008
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/28/08 RECOMMENDING that this action be dismissed for failure to state a claim upon which relief could be granted. Objections to F&Rs due within 20 days. (Engbretson, K.)
April 9, 2008
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/9/2008 DENYING 23 Motion for Appointment of Counsel. (Matson, R)
May 1, 2008
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ORDER signed by Judge William B. Shubb on 4/30/08 ORDERING the Findings and Recommendations 24 are ADOPTED IN FULL; this action is DISMISSED for failure to state a claim upon which relief could be granted. CASE CLOSED. (Carlos, K)