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08-1148 - (PC) Pierce v. Alameida


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08-1148 - (PC) Pierce v. Alameida
March 25, 2008
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ORDER DENYING PLAINTIFF'S MOTION FOR COURT ORDER by Judge Jeremy Fogel denying 75 Motion (jfsec, COURT STAFF) (Filed on 3/25/2008) [Transferred from cand on 5/27/2008.]
May 7, 2008
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ORDER OF PARTIAL TRANSFER; INSTRUCTIONS TO CLERK. Signed by Judge Jeremy Fogel on 4/30/08. (dlm, COURT STAFF) (Filed on 5/7/2008) [Transferred from cand on 5/27/2008.]
May 7, 2008
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ORDER OF DISMISSAL WITH LEAVE TO AMEND. Signed by Judge Jeremy Fogel on 4/30/08. (dlm, COURT STAFF) (Filed on 5/7/2008) [Transferred from cand on 5/27/2008.]
January 8, 2009
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/07/09 ordering plaintiff shall submit within 30 days from the date of this order, either the $350.00 filing fee or a properly completed application to proceed IFP on the form provided with this order. Plaintiff's amended complaint 34 is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a 2nd amended complaint. Plaintiff's motion for summary judgment 100 is denied without prejudice to filing a motion for summary judgment at the appropriate time based on a 2nd amended complaint which plaintiff may elect to file with the court. The clerk of the court shall send plaintiff the application to proceed IFP by a prisoner and the court's form for filing a civil rights action. (Plummer, M)
January 30, 2009
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ORDER signed by Magistrate Judge Dale A. Drozd on 01/29/08 ordering plaintiff's 01/23/09 application to proceed in forma pauperis 118 is granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. The fee shall be collected and paid in accordance with this court's order to the Director of the CDC. Plaintiff's 01/23/09 second amended complaint 117 is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a third amended complaint. The clerk of the court shall send plaintiff the court's form for filing a civil rights action. (Plummer, M)
March 24, 2009
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 03/23/09 recommending that this action be dismissed due to plaintiff's failure to state a cognizable claim. Referred to Judge Frank C. Damrell. Objections due within 20 days. (Plummer, M)
July 28, 2009
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ORDER signed by Magistrate Judge Dale A. Drozd on 07/27/09 disregarding Motion129. This civil rights action was closed on 05/08/09. Plaintiff is advised that documents filed by plaintiff since the closing date will be disregarded and no orders will issue in response to future filings. (Plummer, M)
November 12, 2009
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ORDER signed by Judge Frank C. Damrell, Jr on 11/12/2009 ORDERING Pltf's August 7, 2009 notice of appeal construed as a motion to reopen the time to appeal is granted; and the Clerk is directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit.(cc Court of Appeals) (Matson, R)
November 9, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/9/11 ORDERING that Within thirty days of the date of service of this order, plaintiff shall file afourth amended complaint identifying by name the defendants in this action. If he is unable to doso, he shall instead file a notice with the court stating as much; 153 Motion for Summary Judgment is DENIED as defectiveand premature; and Clerk of the Court is directed to send plaintiff copies of the documents filed in this case before it was transferred to this court (Doc. Nos. 1-103).(Dillon, M)
November 26, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/21/12 ordering plaintiff's 12/01/11 fourth amended complaint is dismissed with leave to amend. Plaintiff is granted 30 days from the date of service of this order to file a fifth amended complaint. The clerk of the court shall send plaintiff the court's form for filing a civil rights action. (Plummer, M)
January 24, 2013
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RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr on 1/24/2013 ORDERING that 2:08-cv-1148 MCE DAD and 2:11-cv-3392 CKD are RELATED. It is further ORDERED that 2:11-cv-3392 CKD shall be REASSIGNED to Chief District Judge Morrison C. England, Jr. and Magistrate Judge Dale A. Drozd for all further proceedings. (Donati, J)
September 6, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 09/05/13 ordering case no. 11-cv-3392 MCE DAD P is dismissed without prejudice. All pending motions in case 11-cv-3392 MCE DAD P are denied. Defendants' motion to dismiss in case 11-cv-3392 MCE DAD P is denied without prejudice. Henceforth, plaintiff shall proceed solely in case 08-cv-1148 MCE DAD P on the claims raised in the above captioned actions. The clerk of the court shall enter the appearance of defendants Turner, Gower, and Baron through their counsel in case 11-cv-3392 MCE DAD P on the record in case 08-cv-1148 MCE DAD P. Defendants Turner, Gower, and Baron are not required to respond in case 08-cv-1148 MCE DAD P until further order of court. (Plummer, M) Modified on 9/11/2013 (Plummer, M).
January 26, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/23/15 ordering the clerk of the court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of plaintiff's fifth amended complaint 181 and supplemental complaint 187 to be completed and returned with the notice of submission of documents within 30 days. (Plummer, M)
July 1, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 06/30/15 ordering that within 14 days of the date of this order, plaintiff shall file an opposition, if any, to defendant Dr. Luca's motion to dismiss. Alternatively, if plaintiff no longer wishes to pursue his claims against defendant Dr. Luca he may file a request to voluntarily dismiss this defendant. (Plummer, M)
July 24, 2015
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 7/23/2015 GRANTING defendant Dr. Luca's 218 request for judicial notice; plaintiff's 221 motion for an extension of time is GRANTED in part, within 30 days, plaintiff shall serve his response to defendant Gower's request for production of documents on defense counsel; and defendants' 225 motion to modify the discovery and scheduling order is GRANTED, within 90 days, the parties shall file any dispositive motion. It is RECOMMENDED that defendant's 217 motion to dismiss plaintiff's claim against defendant Dr. Luca as barred by the doctrine of res judicata be granted; defendant Dr. Luca be dismissed from this action; and defendant Dr. Baron be dismissed from this action. Referred to Judge Morrison C. England, Jr.; Objections to the findings and recommendations due within 14 days. (Yin, K)
September 1, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 8/31/2015 ORDERING that the 229 findings and recommendations are ADOPTED in full. Defendant's 217 motion to dismiss plaintiff's claim against defendant Dr. Luca as barred by the doctrine of res judicata is GRANTED. Defendant Dr. Luca is DISMISSED from this action. Defendant Dr. Baron is DISMISSED from this action. (Zignago, K.)
December 3, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/2015 DENYING, as premature, plaintiff's 233, 234 motions for the court to schedule this matter for a jury trial. Within 21 days, each party shall inform the court in writing as to whether the wish to proceed with the settlement conference before the undersigned magistrate judge, or if they wish to be referred to the court's mediation program, or referral to another magistrate judge. The Clerk shall send each party the consent form for settlement conferences. (Yin, K)
January 7, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/7/16 ORDERING the Custodian to produce Aaron James Pierce at 9:00 am on 2/26/16 in Courtroom 25 before Judge Kendall J. Newman. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and the US Marshals. (cc USM)(Dillon, M)
September 20, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/16 ORDERING that within 30 days of the filed date of this order, defendants shall file the dispositional documents, signed by all parties, dismissing this action with prejudice. All other pending motions and requests (ECF Nos. 245, 262) are DISMISSED as moot.(Dillon, M)
October 31, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/16 ordering if, after receiving plaintiffs letter on October 27, defendants counsel has not sent plaintiff another copy of any unsigned dispositional documents, he shall do so within five days of the filed date of this order. Within twenty days of the filed date of this order, plaintiff shall sign and return to defendants counsel the dispositional documents sent to him. Plaintiff is warned that this is his last chance to sign these documents. If he fails to do so, this court will recommend dismissal of this case. Within thirty days of the filed date of this order, defendants shall file the dispositional documents or explain to the court why they are unable to do so. (Plummer, M)