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09-292 - (PC) Evans v. Terrazas et al


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09-292 - (PC) Evans v. Terrazas et al
February 5, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 2/4/09 ORDERING that pltf's 2 application to proceed ifp is DISMISSED w/out prejudice; the clerk to send pltf a new ifp application; and pltf to submit a completed ifp application and a certified trust acct statement w/in 30 days. (Yin, K)
March 27, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 3/26/09 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. 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. Within 30 days from the date of this order, plaintiff shall complete the Notice of Amendment and submit the appropriate documents to the court.(Dillon, M)
August 12, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 8/11/09; ORDERING that pltf's 13 motion for leave to amend is GRANTED; the clerk to edit docket entry #13 to include reference to the second amended cmplt included in the 7/29/09 motion; service is appropriate for dfts H. Fleishman, McDonald, Felker, Terrazas, Numering, V Singh and K. Telford; the clerk to send pltf documents for service to be completed and returned w/in 30 days along w/ the Notice of Submission; pltf's 10 motion for injunction relief is DENIED w/out prejudice; and pltf's 12 request for entry of default is DENIED.(Yin, K)
September 9, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 9/8/09 ORDERING that pltf's 16 motion for leave to amend is GRANTED; the clerk to edit dkt entry #16 to include reference to the third amended cmplt; service is appropriate for dfts Singh, Telford, Numering, Terrazas, Fleishman, McDonald and Felker; the clerk is to make 8 copies of the third amended cmplt; pltf need not attempt service, the court will direct the USM to serve dfts w/ concurrent order; pltf's 19 motion to transfer documents is DENIED; and pltf's 20 motion for injunctive relief is DENIED. (Yin, K)
September 9, 2009
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ORDER DIRECTING USM to serve process w/in 10 days on dfts Terrazas, Numering, V Singh, H. Fleishman, McDonald, Felker, and K. Telford signed by Magistrate Judge John F. Moulds on 9/8/09. The clerk is directed to fwd to the USM instructions for service, summons, copies of the 8/20/09 amended cmplt, the form re consent or request for reassignment and this order. The clerk shall also send pltf a copy of the Local Rules. Dfts R Sanchez; D. K. Sisto; Sweigert; J Whitfield; N. Fry and K. Kesterson terminated. (cc: USM)(Yin, K)
December 1, 2009
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ORDER signed by Magistrate Judge John F. Moulds on 11/30/09 ORDERING the clerk to send pltf forms for service of dft H. Fleishman to be completed and returned along w/ notice of submission w/in 60 days. (Yin, K)
January 7, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 01/06/10 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statment of non-opposition. (Plummer, M)
January 7, 2010
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ORDER denying 33 Motion to Appoint Counsel signed by Magistrate Judge John F. Moulds on 01/06/10. (Plummer, M)
February 24, 2010
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ORDER denying 43 Motion to Appoint Counsel signed by Magistrate Judge John F. Moulds on 02/23/10. (Plummer, M)
March 30, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 03/29/10 ORDERING the clerk of the court shall randomly assign a District Judge to this action. U.S. District Judge William B. Shubb randomly assigned to this action. Also, RECOMMENDING that defendants' 12/03/09 motion to dismiss be granted as to plaintiff's claim that his constitutional rights were violated by his transfer to High Desert State Prison and as to his claim against defendants Felker and McDonald and denied in all other respects. Defendants be directed to answer the remaining claims in plaintiff's third amended complaint within 10 days from the date of any order by the district court adopting these findings and recommendations. Plaintiff's 01/28/10 motion for temporary restraining order and/or preliminary injunction be denied. MOTION to DISMISS 32 and MOTION for TEMPORARY RESTRAINING ORDER 40 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
May 5, 2010
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ORDER adopting 51 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge William B. Shubb on 5/5/10: Defendants' December 3, 2009 motion to dismiss is granted. Defendants shall answer the remaining claims in plaintiff's third amended complaint within ten days from the date of this order. Plaintiff's January 28, 2010 motion for temporary restraining order and/or preliminary injunction is denied. (Kaminski, H)
May 12, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 5/11/2010 DENYING pltf's 55 motion for leave to amend. (Yin, K)
June 24, 2010
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ORDER signed by Judge William B. Shubb on 6/23/2010 ORDERING Plaintiff's May 17, 2010 motion to alter or amend judgment is denied; Upon reconsideration, the order of the magistrate judge filed May 12, 2010, is affirmed; Petitioner's motion to bar the Attorney General from appearing in this action, filed May 28, 2010, and his motion for appointment of counsel, filed June 3, 2010, are denied.(Matson, R)
August 6, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 8/5/2010 DENYING pltf's 70 request for the appointment of counsel. (Yin, K)
August 6, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 8/5/2010 GRANTING dfts' 72 request to conduct pltf's depo via videoconference. (Yin, K)
September 10, 2010
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ORDER signed by Judge William B. Shubb on 9/9/10 ORDERING upon reconsideration, the order of the magistrate judge 74 is AFFIRMED. (Carlos, K)
September 14, 2010
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ORDER signed by Magistrate Judge John F. Moulds on 9/14/10 denying without prejudice 78 Motion for Extension of time ; denying 78 Motion to Appoint Counsel. (Dillon, M)
January 14, 2011
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 1/13/11 ORDERING plaintiff's 01/03/11 motion for the appointment of counsel 90 is denied. Also, RECOMMENDING that plaintiff's 01/03/11 motion for temporary restraining order be denied. Motion for Temporary Restraining Order 91 referred to Judge William B. Shubb. Objections due within 14 days.(Plummer, M)
February 11, 2011
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ORDER signed by Judge William B. Shubb on 2/10/11 ORDERING the findings and recommendations 92 ADOPTED IN FULL; pltf's motion for temporary restraining order 91 is DENIED. (Carlos, K) Modified on 2/14/2011 (Plummer, M).
August 15, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 8/12/11: Recommending that Defendants' November 30, 2010 motion for summary judgment be granted in part and denied in part 82. This matter be referred back to the undersigned for further pretrial proceedings. Motion 82 referred to Judge William B. Shubb. Objections to F&R due within fourteen days.(Kaminski, H)
August 15, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 8/12/11: Plaintiff's December 22, 2010 motion to amend his complaint is denied. Plaintiff's March 8, 2011 motion is denied. Plaintiff's May 2, 2011 motion is denied. (Kaminski, H)
September 20, 2011
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ORDER signed by Judge William B. Shubb on 9/19/2011 FINDINGS AND RECOMMENDATIONS 99 are ADOPTED in FULL; dfts' #82 motion for summary judgment is GRANTED as to pltf's claim against dfts Singh and Telford and DENIED as to pltf's Eighth Amendment claim of excessive force against dfts Terrazas and Nuehring; and this matter is Referred back to Magistrate Judge John F. Moulds for further proceedings. (Reader, L)
October 11, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 10/11/11 ordering that the document filed by plaintiff on 09/12/11 103 will be disregarded. (Plummer, M)
November 8, 2011
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ORDER denying 109 Motion to Appoint Counsel signed by Magistrate Judge John F. Moulds on 11/07/11. (Plummer, M)
February 7, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 2/6/12 denying 116 Motion to Appoint Counsel. (Dillon, M)
February 7, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 2/6/12 denying 118 Motion for TRO. (Dillon, M)
April 12, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 04/11/12 ordering this matter is set to proceed for trial commencing 06/19/12 at 9:00 a.m. before the Honorable William B. Shubb in courtroom 5. Stephen M. Duvernay, Ashley H. Joyce and Alex M. Medina are appointed as counsel in the above entitled matter. The clerk of the court shall serve a copy of this order upon Stephen M. Duvernay, Ashley H. Joyce and Alex M. Medina DLA Piper LLP, 400 Capitol Mall, Suite 2400, Sacramento, CA 95814 and upon plaintiff at his address of record. (Plummer, M)
April 30, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 04/27/12 ordering that Stephen M. Duvernay, Ashley H. Joyce, or Alex M. Medina shall endeavor to contact plaintiff at the telephone number left with counsel for defendants and shall thereafter advise the court. (Plummer, M)
May 3, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 5/2/2012 ORDERING that the 127 motion of Alexander M. Medina, Stephen M. Duvernay, and Ashley H. Joyce for relief from the order of conditional appointment as pro bono counsel is GRANTED; the clerk is to serve a copy of this order on plaintiff at the Beatrice Court address and to change plaintiff's address of record to that address. (Yin, K)
May 8, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 5/7/2012 ORDERING that this matter is set to proceed for trial commencing 6/19/2012, at 9:00 a.m. before the Honorable William B. Shubb in Courtroom #5; Aldon Louis Bolanos is APPOINTED as counsel for James Evans, Jr.; the clerk is to serve a copy of this order upon Aldon Bolanos. (cc: ADR) (Yin, K)
June 7, 2012
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ORDER signed by Judge William B. Shubb on 6/6/2012 GRANTING 132 Ex Parte Application for Continuance; CONTINUING the Jury Trial to 8/7/2012 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Michel, G)
July 30, 2012
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ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge William B. Shubb on 7/30/2012 ORDERING 135 the Custodian to produce James Evans for court proceedings on 8/7/2012 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb; 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 (Reader, L). (cc: OTCD, Courtesy Copy sent by Fax on 08/02/12, & 3 Certified copies of order to Sheriff of Santa Clara County on 7/30/12) Modified on 8/2/2012 (Reader, L). Modified on 8/2/2012 (Plummer, M).
July 30, 2012
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ORDER signed by Judge William B. Shubb on 7/30/2012: IT IS ORDERED that plaintiff shall be prepared to inform the court on the first day of trial (August 7, 2012) whether he wants to proceed with trial and waives the defect in the timing of the Rand and Wyatt notices or wants to continue the trial to reopen the motions or have additional time to decide whether to reopen the motions. If plaintiff elects to waive the defects in the timing of the notices and proceed to trial, the jury will be brought in on the second day of trial. (See document for further details.)(Kirksey Smith, K)
August 6, 2012
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ORDER signed by Judge William B. Shubb on 8/6/2012 ORDERING that in light of the letter from the Santa Clara County Counsel 152, advising that because of plaintiff's refusal to waive time in connection with the pending felony charges against him in the state court the Sheriff is unable to produce plaintiff for trial in this court, the trial date in this action is vacated, and this case is referred back to the assigned Magistrate Judge for all further pretrial proceedings in accordance with Local Rule 302(c)(17). (Zignago, K.)
August 9, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 8/9/2012, ORDERING plaintiff to inform the court in writing no later than 10 days after completion of the state court criminal proceedings now pending against plaintiff in Santa Clara County that the proceedings have concluded and the nature of the disposition; within 30 days, any party may file a written request for a settlement conference in this matter, if both parties request a settlement conference, the matter will be set for settlement conference before the undersigned if both parties waive disqualification; and all pending 136, 149 motions are DENIED without prejudice. (Yin, K)
February 21, 2013
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39;s 12/3/12 order; and the Clerk is to serve a copy of this order on Aldon L. Bolanos. (Yin, K) (Aldon L. Bolanos served electronically) Modified on 2/21/2013 (Yin, K).ORDER to SHOW CAUSE signed by Magistrate Judge John F. Moulds on 2/20/2013 ORDERING that within 5 days, Aldon L. Bolanos, Esq. shall show cause in writing, if any he has, why sanctions should not be imposed for his failure to comply with the court�
March 28, 2013
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ORDER signed by Magistrate Judge Allison Claire on 3/28/13 ORDERING that 158 Order to Show Cause is DISCHARGED; the withdrawal of Aldon L. Bolanos, Esq. as plaintiffs counsel of record is confirmed; and the Clerk of the Court is directed to serve a copy of this order on Aldon Louis Bolanos, Law Officers of Aldon L. Bolanos, 925 G Street, Sacramento, CA 95814.(Dillon, M)
June 26, 2013
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ORDER signed by Magistrate Judge Allison Claire on 06/25/13 granting 162 Motion to reinstate this case to the trial calendar. This matter is set for trial commencing 03/24/14 at 9:00 a.m. before the Honorable Troy L. Nunley in courtroom 2. Aldon Bolanos, Esq. and Walter Dauterman, Esq. are appointed as counsel in the above entitled matter. The clerk of the court is directed to serve a copy of this order upon Aldon Bolanos and Walter Dauterman, the Van Voorhies Mansion, 925 G Street, Sacramento, CA 95814. (cc: AC) (Plummer, M)
March 3, 2014
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by District Judge Troy L. Nunley on 3/3/2014 ORDERING the custodian of Santa Clara County Main Jail North to produce Inmate James Evans, Jr., PFN: CLH006, to testify in U.S. District Court, 501 "I" Street, Sacramento, California, on March 24, 2014 at 9:00 AM in Courtroom 2 (TLN) before Judge Troy L. Nunley and to thereafter return the inmate to said institution; ORDERING the custodian to notify the court of any change in custody of inmate Evans and to provide any new custodian with a copy of this writ. (cc: Out-to-Court Desk) (Michel, G)
March 5, 2014
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ORDER signed by Magistrate Judge Allison Claire on 3/4/2013 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel is GRANTED. (Crouch, J)
March 20, 2014
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ORDER signed by District Judge Troy L. Nunley on 3/20/2014 VACATING the 3/24/2014 Trial and VACATING 168 Order and Writ of Habeas Corpus Ad Testificandum. Counsel for parties are ORDERED to attend a Status Conference set for 3/21/2014 at 12:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. The clerk is DIRECTED to serve this order on the Santa Clara County Main Jail and Cheryl Stevens (Santa Clara Deputy County Counsel). (Donati, J)
July 1, 2014
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/30/14 ORDERING that the Jury Trial is CONTINUED to 12/15/2014 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kastilahn, A)
August 14, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/13/14 recommending that defendants' motion to dismiss 181 be denied. Motion to Dismiss 181 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
September 22, 2014
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ORDER signed by District Judge Troy L. Nunley on 9/19/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 8/14/14 190 are ADOPTED in full; and Defendants' MOTION to DISMISS 181 is DENIED. (Mena-Sanchez, L)
October 22, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/21/14 denying 186 plaintiff's pro se's inapposite motion to reinstate civil-trial proceedings. (Plummer, M)
February 23, 2016
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ORDER signed by Magistrate Judge Allison Claire on 02/22/16 ordering counsel's notice of suspension from the practice of law 197, construed as a motion to withdraw counsel is granted. Plaintiff's motion for appointment of new counsel 198 is granted. This case is referred back to the ADR & Pro Bono Program Coordinator to find voluntary standby counsel who is willing to accept appointment to this case for the purpose of presenting the case to a jury trial. The currently set trial date of 5/09/16 is vacated. Trial is reset for 7/17/17 at 9:00 a.m. in courtroom 2 before the Honorable Troy L. Nunley. (See order for further details)(cc: ADR Director). (Plummer, M)
December 8, 2016
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ORDER signed by Magistrate Judge Allison Claire on 12/07/16 denying 201 Motion to Amend the Complaint. Plaintiff's notice of judicial misconduct 205 is denied. (Plummer, M) Modified on 12/9/2016 (Plummer, M).
February 16, 2017
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ORDER signed by Magistrate Judge Allison Claire on 02/16/17 ordering this case is set for a settlement conference before a federal Magistrate Judge on 03/24/17 at CSP-Corcoran. Defendants shall provide a confidential settlement statement to the following emailaddress: [email protected] Plaintiff shall mail his confidential settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721,Attention: Institution Settlement Judge for March 24, 2017. The envelope shall be marked Confidential Settlement Statement. Settlement statements shall arrive no later than March 17, 2017. Parties shall also file a Notice of Submission of Confidential Settlement Conference Statement (See Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the Court nor served on any other party. Settlement statements shall be clearly marked "confidential" with the date and time of the settlement conference indicated prominently thereon.(Plummer, M) Modified on 2/16/2017 (Plummer, M).
February 16, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 2/16/17 ORDERING the Custodian to produce James Evans at 8:30 am on 3/24/17 at California State Prison, Corcoran. 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)(Dillon, M)
March 7, 2017
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ORDER DENYING 209 Plaintiff's Request to Attend Settlement Conference by Telephone or Video signed by Magistrate Judge Stanley A. Boone on 3/7/2017. (Jessen, A)
March 30, 2017
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ORDER that Inmate James Evans is no Longer Needed as a Witness in these Proceedings, and the Writ of Habeas Corpus Ad Testificandum is DISCHARGED signed by Magistrate Judge Stanley A. Boone on 3/24/2017. (Sant Agata, S)
April 6, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/06/17 ordering The portion of the courts order filed February 23, 2016 199 appointing new counsel for trial is vacated. Plaintiff shall now represent himself pro se in this action. (Plummer, M) Modified on 4/6/2017 (Plummer, M).
April 24, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/24/2017 DENYING 215 Motion to Appoint Counsel. (Henshaw, R)
May 12, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 5/11/2017 ORDERING the Custodian to produce James Evans, Jr. at 9:00 a.m. on 7/17/2017 in Courtroom #2 before Judge Troy L. Nunley. 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) (Henshaw, R)
May 2, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Allison Claire on 05/02/18 ORDERING the Custodian to produce James Evans, Jr. on 6/04/18 at 9:00 a.m. in courtroom 2 before District Judge Troy L. Nunley. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)
June 27, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 6/26/2018 ORDERING the Custodian to produce James Evans, Jr. at 9:00 a.m. on 7/30/2018 in Courtroom 2 before U.S. District Judge Troy L. Nunley. 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) (Henshaw, R)
July 13, 2018
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ORDER signed by District Judge Troy L. Nunley on 7/12/18 DENYING Plaintiff's Motion to Continue Trial 254. (Mena-Sanchez, L)
July 20, 2018
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ORDER signed by District Judge Troy L. Nunley on 7/20/18 ORDERING that Evans's Motion for Continuance 262 is DENIED, and Evan's Motion to Exclude the Attorney General's Office from Representing the Defendants, 261 is DENIED. (Mena-Sanchez, L)