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08-2492 - (PC) Smith v. Stovall et al


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08-2492 - (PC) Smith v. Stovall et al
November 18, 2008
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ORDER signed by Magistrate Judge John F. Moulds on 11/17/08 GRANTING plaintiff's 2 Application to Proceed IFP and he is obligated to pay the $350 filing fee. Plaintiff assessed an initial partial filing fee. Service appropriate for defendants Sgt. R. Stovall, C/O K. Lawrence, C/O. S. Hawkness, C/O Aurich, C/O Orcher, C/O Souce, C/O Auigriu, Lieutenant Bonico, and C/O Weeks. Clerk shall send plaintiff 1 Summons, 9 USM-285 forms, an instruction sheet, and a copy of 10/20/08 Complaint. Within 30 days from date of Order, he shall complete attached Notice of Submission of Documents and submit it together with other transmitted documents. (Marciel, M)
April 16, 2009
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ORDER DIRECTING USM to serve on defts Orcher, Auigria, Souce, Albonico, Weeks, R. Stovall, K. Lawrence, S. Hawkness and Aurich within 10 days signed by Magistrate Judge John F. Moulds on 4/15/09; clerk is directed to forward pltf's instructions for service, the completed summons, copies of the complaint, copies of the form regarding consent or request for reassignment and copies of this order to the USM; clerk shall serve upon the pltf the local rules. (cc:USM) (Gaydosh, J)
August 12, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 08/11/09 denying 20, 23 Motions for default judgment. (Plummer, M)
November 12, 2009
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[VACATED PURSUANT TO 01/26/09 ORDER]ORDER signed by Magistrate Judge John F. Moulds on 11/11/09 ordering the clerk of the court shall send plaintiff 2 USM-285 forms, instruction sheet and a copy of the 10/20/08 complaint to be completed and returned within 60 days. (Plummer, M) Modified on 1/26/2010 (Plummer, M).
January 26, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 01/26/10 ORDERING the court's 11/12/09 order 34is vacated. Plaintiff's 12/23/09 motion 38is denied. Also, RECOMMENDING that defendants' 8/20/09 motion to dismiss be granted in part. The claims against defendants Oshner, Hawkness, Aurich, Albonico, Weeks, Scouce and Auigriu be dismissed and said defendants be dismissed from this action. The District Court order defendants Stovall and Lawrence to answer the claims against them arising from the allegedly inappropriate search and alleged racial bias in searches and seating in the prison dining hall within 10 days. MOTION to DISMISS 26 referred to Judge Lawrence K. Karlton. Objections due within 14 days.(Plummer, M)
February 24, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/23/10 ORDERING the Findings and Recommendations 39 are ADOPTED IN FULL; dfts' motion to dismiss 26 is GRANTED IN PART; claims against dfts Oshner, Hawkness, Aurich, Albonico, Weeks, Scouce and Auigriu DISMISSED; within 10 days from this order, dfts Stovall and Lawrence shall answer the claims against them.(Carlos, K)
March 11, 2010
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ORDER signed by Senior Judge Lawrence K. Karlton on 3/10/2010 ORDERING All provisions of this court's 2/24/2010 order except paragraph 4 of the order clause thereof are vacated; The findings and recommendations filed 1/26/2010, are adopted in full; Defendants' 8/20/2009 motion to dismiss is granted in part; and the claims against defendants Oshner, Hawkness, Aurich, Albonico, Weeks, Scouce and Auigriu are dismissed and said defendants are dismissed from this action.(Matson, R)
March 30, 2010
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DISCOVERY AND SCHEDULING ORDER signed by Magistrate Judge John F. Moulds on 3/29/10: parties may conduct discovery until 6/11/2010; all pretrial motions, except for motions to compel discovery, shall be filed by 9/3/2010. Pretrial conference and trial dates will be set, as appropriate, following adjudication of any dispositive motion, or the expiration of time for filing such a motion. (Carlos, K)
June 29, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 06/29/10 ordering that on or before 4:30 p.m. Wednesday, 06/30/10, counsel for defendants shall file and serve a written notice of deposition setting plaintiff's deposition in accordance with this order. (Plummer, M)
July 1, 2010
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ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge John F. Moulds on 07/01/10 ORDERING the custodian to produce Micheal Smith at 07/15/10 at 10:00 a.m. in courtroom #1 for proceedings. Custodian is ordered to notify the court of any changes in custody and to provide the new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the custodian and out-to-court desk. (Plummer, M) Modified on 7/2/2010 (Plummer, M).
September 23, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 09/23/10 ordering that plaintiff's 08/16/10 and 09/02/10 motions 55, 56 are denied without prejudice. (Plummer, M)
September 23, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 09/23/10 ordering defendants' 05/28/10 and 06/11/10 motions to compel plaintiff's deposition, for sanctions and/or expenses, and to modify the schduling order 46, 47 are granted in part. Defendants are awarded expenses of the failed 05/27/10 video deposition in the amount of $950.00. Discovery is closed. The time for filing pretrial motions, except motions to compel discovery, is extended to 10/29/10. (Plummer, M)
January 14, 2011
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ORDER AND REVISED SCHEDULING ORDER signed by Magistrate Judge John F. Moulds on 01/13/11 granting 61 Motion to modify the scheduling order. The parties shall file pretrial statements in accordance with the schedule set in the court's 12/03/10 scheduling order, and pretrial conference on the papers remains set for 03/18/11 before the undersigned. Jury trial on this matter before the Honorable Lawrence K. Karlton is continued from 08/02/11 at 10:30 a.m. to 11/29/11 in courtroom 4. (Plummer, M) Modified on 1/18/2011 (Plummer, M).
July 29, 2011
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge John F. Moulds on 07/28/11 ordering the custodian to produce Micheal Smith via video conferencing at 09/12/11 at 11:15 a.m. in courtroom 4 before Judge Lawrence K. Karlton. 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. (cc: I.T. Dept-Sacramento) (Plummer, M)
August 19, 2011
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it on the Custodian and Out-to-Court Desk. (cc: OTCD) (Benson, A.)ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge John F. Moulds on 08/18/11 ORDERING the Custodian to produce Micheal Smith, F-67279, on 09/12/11 at 11:15 a.m. at the United States Courthouse, 501 I Street, Sacramento, California before Judge Lawrence K. Karlton in Courtroom 4 on the 15th floor. 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 wr
September 13, 2011
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ORDER signed by Judge Lawrence K. Karlton on 9/13/11 ORDERING Jury trial of this matter is tentatively confirmed for November 29, 2011, at10:30 a.m. in Courtroom # 4. Defendants' request for a separate trial on the issue of punitive damages is granted. Defendants' request for clarification of when payment of expenses ordered by the magistrate judge is due is referred to the magistrate judge.(Matson, R)
October 25, 2011
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Judge Lawrence K. Karlton on 10/24/2011 ORDERING the Custodian to produce Micheal Smith, inmate #: F-67279 on 11/29/2011 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. 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 Out-to-Court Desk. (cc: OTCD) (Michel, G)
November 7, 2011
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ORDER and clarification signed by Magistrate Judge John F. Moulds on 11/7/11. (Dillon, M)
November 15, 2011
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ORDER signed by Judge Lawrence K. Karlton on 11/15/11 ORDERING the trial date is VACATED, subject to be reset after the court rules on the pending Motion to Dismiss; Plaintiff is ORDERED to file an opposition to the Motion to Dismiss within ten (10) days of the issuance of this order. (Becknal, R)
December 20, 2011
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ORDER to SHOW CAUSE signed by Judge Lawrence K. Karlton on 12/20/2011. Within 10 days from date of Order, plaintiff shall SHOW CAUSE in writing why this action should not be dismissed for failure to oppose defendants' Motion and failure to comply with Court's 11/15/2011 80 Order. (Marciel, M)
May 3, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 5/2/2012 RECOMMENDING that defendants' 78 motion to dismiss be denied. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K)
July 9, 2012
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ORDER signed by Judge Lawrence K. Karlton on 7/9/2012 ADOPTING 91 Findings and Recommendations in full; DENYING 78 Motion to Dismiss. (Michel, G)
July 13, 2012
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ORDER & WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Judge Lawrence K. Karlton on 7/13/2012. The Warden shall produce inmate Michael Smith (# F-67279) to testify via video-conferencing or in person before US District Court at 11:15 AM on 9/4/2012. The Custodian is ORDERED to notify Court of any change in custody of inmate and to provide new facility/custodian with a copy of this Writ. [cc: Warden at High Desert State Prison with 3 certified copies of Order & Writ; Out-to-Court Desk] (Marciel, M)
July 13, 2012
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ORDER signed by Judge Lawrence K. Karlton on 7/13/2012. This matter is set for Trial Confirmation Hearing on 9/4/2012 at 11:15 AM in Courtroom # 4. Plaintiff shall appear at Hearing by video-conference pursuant to 96 Order & Writ of Habeas Corpus Ad Testificandum issued concurrently. (Marciel, M)
September 10, 2012
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ORDER signed by Judge Lawrence K. Karlton on 09/07/12 ORDERING that this matter is dropped from the court's trial calendar; this matter shall not proceed further unless and until plaintiff files a motion to proceed to trial; this order is without prejudice to defendants' right to oppose a motion to proceed to trial on the ground of, inter alia, unavailability of witnesses; and the Clerk is directed to administratively close this case. CASE ADMINISTRATIVELY CLOSED (Benson, A.)
February 23, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/23/2018 RECOMMENDING 100 Motion to Dismiss be granted and this action be dismissed without prejudice for failure to prosecute. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)