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08-2533 - (PC) Graham v. Jaffe et al


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08-2533 - (PC) Graham v. Jaffe et al
April 3, 2009
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/2/09 ORDERING that plaintiffs request for leave to proceed in forma pauperis is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action with an initial partial filing fee of $3.60. All fees shall be collected and paid in accordance with this courts order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. Plaintiffs complaint is DISMISSED with 30 days leave to amend.(Dillon, M)
July 24, 2009
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 7/24/09 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 20 days.(Dillon, M)
February 9, 2010
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ORDER signed by Magistrate Judge Kimberly J. Mueller on 02/08/10 vacating 14 FINDINGS AND RECOMMENDATIONS. Plaintiff's amended complaint 16 is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. (Plummer, M)
June 4, 2010
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/3/10 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)
August 27, 2010
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ORDER signed by Judge Garland E. Burrell, Jr on 8/25/10 ORDERING pltf's motion for Extension of time 29 is DENIED; the 7/22/10 order and judgment 27 28 are VACATED; and this action is RE-OPENED; pltf's second amended complaint 26 is DEEMED TIMELY FILED; and this action is remanded to the magistrate judgment for further proceedings. (Carlos, K)
October 22, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/21/10 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for Jubb, Whitted, Wiggin. Clerk to send plaintiff: 1 Summons, 3 USM-285 Forms, and 1 copy of the Amended Complaint filed on 7/13/10. It is RECOMMENDED that Defendants Dr. N. Jaffe, M. Vasquez, Captain Baughman, Sgt. Steffins, and Correctional Officers Nieves, Wooden and Silva, be dismissed; and plaintiffs ยง 1983 claims alleging threats against defendants Ellin and Dr. Acosta do not state cognizable civil rights claims and should be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R within 21 days.(Dillon, M)
February 18, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/17/2011 ORDERING that 37 motion is partially GRANTED; pltf has 30 days to comply w/ the 10/22/10 order, no further extensions of time will be granted; and the clerk is to re-serve a copy of the 10/22/10 order and findings and recommendations on pltf's new address. (Yin, K)
March 31, 2011
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ORDER signed by Judge Garland E. Burrell, Jr on 3/31/2011 ORDERING that the 31 findings and recommendations filed October 22, 2010, are adopted in full. Defendants Dr. N. Jaffee, M. Vasquez, Captain Baughman, Sgt. Steffins, and Correctional Officers Nieves, Wooden and Silva are DISMISSED. Plaintiff's 1983 claims alleging threats against defendants Ellin and Dr. Acosta do not state cognizable civil rights claims and are DISMISSED. (Duong, D)
July 27, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/26/11 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on plaintiff's failure to comply with these rules and a court order. (Plummer, M)
August 15, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/12/11 GRANTING 51 Motion for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in which to file and serve his opposition. Defendants' reply, if any, shall be filed within 7 days of this order. (Meuleman, A)
September 9, 2011
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/8/2011 ORDERING that the 47 Motion to Dismiss Pltf's deliberate indifference claims against dfts Jubb and Whitted is GRANTED. Pltf's 55 Motion for Leave to Amend Complaint is PARTIALLY GRANTED. Pltf's 26 Second Amended Complaint is DISMISSED. Pltf is GRANTED 30 days in which to file a Third Amended Complaint. IT IS RECOMMENDED that the 47 Motion to Dismiss Pltf's claims against Dft Wiggins be granted. Pltf's claims against Dft Wiggins be dismissed without prejudice. Motion referred to Judge Garland E. Burrell, Jr.. Objections to F&R due within 21 days. (Zignago, K.)
December 2, 2011
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ORDER adopting in full 56 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr., on 12/2/11. The 47 motion to dismiss plaintiff's claims against defendantWiggins, based on an alleged failure to exhaust administrative remedies, is GRANTED. Plaintiff's claims against defendant Wiggins are DISMISSED without prejudice. (Kastilahn, A)
July 3, 2012
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hout prejudice; and RECOMMENDING that 62 MOTION to DISMISS be denied; This action be stayed for a period of four months after the district court issues an order addressing the instant findings and recommendations; and Defendants be directed to fileORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/2/12 ORDERING that plaintiffs 68 and 69 motions for extensions of time are DENIED; Plaintiffs 68 and 69 motions for appointment of counsel are DENIED wit an answer within fourteen days of any court order lifting the stay of this action. referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)
August 9, 2012
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ORDER signed by Judge Garland E. Burrell, Jr. on 8/8/2012 ORDERING that the 70 findings and recommendations filed 7/3/2012, are ADOPTED in full. Defendants' 2/2/2012 62 motion to dismiss is DENIED. This action is STAYED for a period of four months from the date of this order. Defendants shall file an answer within fourteen days from any order lifting the stay in this action. (Zignago, K.)
April 15, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/15/13 ordering plaintiff's 03/18/13 motion 77 is partially granted. Within 14 days from the date of this order, counsel shall file a status report as set forth above. Plaintiff may file a reply within 7 days thereafter. (Plummer, M)
July 19, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/18/13 ORDERING that the 82 Motion to Appoint Counsel is DENIED without prejudice and the 84 Motion to conduct plaintiff's deposition by video conference is GRANTED subject to the requirements set forth in this order. (Manzer, C)
September 13, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/13/13 granting 87 Motion to modify the schedule. Within 14 days from the date of this order, defendants shall re-notice plaintiff's deposition. Counsel for defendants shall work with Officer Grant and the litigation coordinator at California State Prison, Lancaster, to ensure that plaintiff has sufficient opportunity to review his legal materials prior to the deposition, and is in possession of his legal materials during the deposition. Within 14 days after plaintiff's deposition, counsel for defendants shall inform the court as set forth above. Plaintiff shall immediately notify the court if he is unable to access his legal materials prior to the newly-scheduled deposition. (Plummer, M)
November 14, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/13 ORDERING that the Clerk of the Court is directed to send plaintiff and counsel for defendants the form Notice of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b); and within 21 days from the date of this order, both parties shall either file the waiver form provided, or notify the court of a request for another judge to serve as settlement judge.(Dillon, M)
December 13, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/13 ordering ( Settlement Conference set for 2/18/2014 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The parties are directed to exchange non-confidential settlement conference statements 7 days prior to this settlement conference. Concurrently, counsel for defendants shall deliver their statement to the Court using the following email address: [email protected] Plaintiff shall on or before Friday, 02/07/13, send his statement to the court by mail, and indicate on the envelope and on the face of the statement that it is a confidential communication to the undersigned. (Plummer, M)
January 6, 2014
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/3/2014 ORDERING the custodian to produce Anthony Graham #K-47010 to appear by video-conferencing at Salinas Valley State Prison on 2/18/2014 at 9:00 am. (cc: I.T. Sacramento) (Yin, K) Modified on 1/6/2014 (Yin, K).
August 8, 2014
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/2014 DISMISSING this action with prejudice pursuant to the parties' stipulation and Fed.R.Civ.P. 41(a)(1)(A)(ii). CASE CLOSED.(Yin, K)