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09-680 - (PC) Martinez v. Hoover, et al


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09-680 - (PC) Martinez v. Hoover, et al
March 3, 2009
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ORDER TRANSFERRING CASE (to the USDC for the Eastern District of California).. Signed by Judge Marilyn Hall Patel on 2/27/09. (fj, COURT STAFF) (Filed on 3/3/2009) (Additional attachment(s) added on 3/3/2009: # (1) Certificate of Service) (fj, COURT STAFF). [Transferred from cand on 3/12/2009.]
April 24, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 4/23/09 GRANTING the 4 application to proceed IFP; plaintiff is obligated to pay the statutory filing fee of $350.00 with an initial partial filing fee of $12.85 to be paid in accordance with the concurrent order. (cc:CDC) (Gaydosh, J)
October 22, 2009
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ORDER signed by Magistrate Judge Craig M. Kellison on 10/22/09 ORDERING that pltf may file an amended complaint within 30 days. (Owen, K)
May 5, 2010
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ORDER to SHOW CAUSE signed by Magistrate Judge Craig M. Kellison on 5/4/10. Plaintiff shall show cause in writing, within 30 days of the date of this order, why these claims should not be dismissed for failure to state a claim. (Dillon, M)
July 1, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 06/30/10 ordering plaintiff's claims for deliberate indifference to his medical condition under the Eighth Amendment, related to the treatment for diabetes, are dismissed for failure to state a claim upon which relief can be granted. Defendants Cook, Mann, Carh, Gilkes, Snichman, Schultz, Monow, Parlimon, Clark, Grillo, Thorton, Bulanon, Williams, Dahmes, Hashimoto, Naleboru and Lieullean are dismissed from this action. The clerk of the court is directed to terminate Kinip, Smith, and Todd, as defendants on the docket, as they are not named in plaintiff's amended complaint. This action will proceed against defendants Hoover, Blim, Olivas, Garcia, Morton, Standford and Akintola only, as addressed by separate order.(Plummer, M)
August 16, 2010
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ORDER denying 25 Motion to Appoint Counsel signed by Magistrate Judge Craig M. Kellison on 08/13/10. (Plummer, M)
September 15, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/14/10 ORDERING that plaintiff shall promptly seek additional information sufficient to effect service on any unserved defendants and notify the court once such information is ascertained. (Dillon, M)
October 1, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 09/30/10 denying 31 Motion for Reconsideration of the order denying the appointment of or referral to counsel. (Plummer, M)
November 4, 2010
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/03/10 denying 39 Motion for a court order to access the law library. Plaintiff's response to the pending motion to dismiss shall be filed within 30 days of the date of this order. (Plummer, M)
May 13, 2011
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ORDER signed by Magistrate Judge Craig M. Kellison on 05/12/11 granting 42 Motion to rescind his consent. Plaintiff's consent to the jurisdiction of the undersigned magistrate judge is deemed withdrawn. The clerk of the court shall randomly assign a district judge to this case and update the docket to reflect the new case number. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. The case number is 2:09-cv-0680 KJM CMK (PC). (Plummer, M)
August 15, 2011
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ORDER signed by District Judge Kimberly J. Mueller on 8/13/2011 ORDERING that the 43 motion for reconsideration is DENIED as untimely. No further motions for reconsideration of the magistrate judge's August 16, 2010, or October 1, 2010, orders will be considered. (Duong, D)
September 6, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 09/02/11 RECOMMENDING that the 32 Motion to Dismiss be granted in part and denied in part as detailed in the order; that dft's 48 Motion to Strike be granted and that plf's 49 Motion for Leave to File a Surreply and 46 Request for Additional Time should be denied; Objections to these F&Rs due w/i 14 days; referred to Judge Kimberly J. Mueller. (Benson, A.) Modified
September 29, 2011
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ORDER signed by Judge Kimberly J. Mueller on 9/28/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/6/11 53 are ADOPTED in full; Defendants' MOTION TO DISMISS 32 is GRANTED in part and DENIED in part. This Action shall proceed on Plaintiff's excessive force retaliation and medical tratment claims. Defendant's MOTION to STRIKE 48 is GRANTED, and Plaintiff's MOTION for leave to file a surreply 49 and Request for additional time in which to do so 46 are DENIED. (Mena-Sanchez, L)
October 11, 2011
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[VACATED- FILED IN ERROR] ORDER signed by Magistrate Judge Craig M. Kellison on 10/11/11 ordering plaintiff's motion for a referral to mediation is denied without prejudice. (Plummer, M) Modified on 10/14/2011 (Donati, J).
August 28, 2012
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ORDER signed by Magistrate Judge Craig M. Kellison on 8/27/12 ORDERING that Plaintiffs motion for a stay of proceedings 61 is DENIED; Plaintiffs motions for the appointment of counsel 62, 63, and 65 are DENIED; Defendants motion to compel 66 is GRANTED; Plaintiff is ordered to attend his next properly noticed deposition; Plaintiff is ordered to pay to defendants, through their counsel, the sum of $3,503.96 as reasonable expenses under Federal Rule of Civil Procedure 37(d)(3); The time to conduct discovery is extended to December 3, 2012; and Dispositive motions are due within 90 days from the discovery cut-off date. (Dillon, M)
September 4, 2012
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o be paid within 30 days of the date of this order. Failure to comply could result, on proper motion, in dismissal of the action as a further sanction.(Dillon, M)ORDER signed by Magistrate Judge Craig M. Kellison on 8/31/12. On August 28, 2012, the court ordered plaintiff to pay to defendants, through their counsel, $3,503.96 as sanctions. The order is clarified in that such sanctions are required t
May 1, 2013
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ORDER signed by Judge Kimberly J. Mueller on 4/30/13: The court declines to adopt the findings and recommendations 70. This case is remanded to the magistrate judge to reconsider plaintiff's motion in light of this order. (Kaminski, H)
September 30, 2013
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/30/2013 GRANTING 76 Motion to Vacate and DENYING 79 & 80 Motions to Strike. A new scheduling order will be issued by the undersigned at the appropriate time. (Donati, J)
August 5, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 8/5/16 ORDERING that plaintiff's request for the appointment of counsel is DENIED; Plaintiff shall file a status report, within 20 days, informing the court what discovery he still needs to complete, how much time he needs to complete his discovery, and how much time he may need to file any dispositive motions he may file; and defendants shall file a status report, within 35 days, informing the court what discovery they need to complete, how much time they need to complete the discovery, and how much time is needed to file any dispositive motions.(Dillon, M)
September 15, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 9/15/2016 RECOMMENDING this action be dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and orders. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
October 11, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 10/7/2016 VACATING the 9/15/2016 findings and recommendations 88. Plaintiff shall file a status report as previously ordered within 30 days; and the Clerk shall send plaintiff a copy of the 8/5/2016 order. (Yin, K)
November 22, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 11/22/2016 RECOMMENDING this action be dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and orders. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Yin, K)
March 28, 2017
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ORDER signed by Magistrate Judge Craig M. Kellison on 03/27/17 ordering that the document docketed as objections to findings and recommendations 92 is stricken as unsigned in violation of Rule 11. (Plummer, M)
June 15, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 6/15/17 ORDERING that the FINDINGS AND RECOMMENDATIONS 91 are not adopted; This matter is referred to Sujean Park, Pro Bono Coordinator for the EDCA, to seek the voluntary assistance of counsel for Plaintiff for the limited purpose of representing Plaintiff at a settlement conference to be set by subsequent court order; and This matter is STAYED except for appointment of counsel and setting of a court-convened settlement conference until after the conclusion of settlement proceedings.(Mena-Sanchez, L)
July 6, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 7/6/2017 APPOINTING David R. Johanson as attorney for Plaintiff for the limited purpose of settlement. (Donati, J)
July 7, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 7/6/17 ORDERING that a Settlement Conference is SET for 10/18/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties are directed to exchange non-confidential settlement statements seven days prior to the settlement conference. (Kastilahn, A)
July 7, 2017
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custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the 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) (Kastilahn, A) Modified on 7/10/2017 (Kastilahn, A).ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by District Judge Kimberly J. Mueller on 7/6/17, ORDERING the Custodian to produce Archie A. Martinez at 9:00 a.m. on 10/18/2017 in Courtroom 25 before Magistrate Judge Kendall J. Newman. The
October 19, 2017
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2017 DISMISSING defendants G. Hoover, Morton, Olivas, Standford, Akintola and J. C. Blim from this action. (Hunt, G)