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09-2115 - (PC) Bontemps v. Sotak et al


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09-2115 - (PC) Bontemps v. Sotak et al
July 30, 2009
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ORDER TRANSFERRING CASE to the U.S. District Court, Eastern District of CA (Sacramento), FORTHWITH. Plaintiff notified. Signed by Judge Saundra Brown Armstrong on 07/30/09. (Attachments: # (1) Certificate of Service)(jlm, COURT STAFF) (Filed on 7/30/2009) Modified on 7/31/2009 (jlm, COURT STAFF). [Transferred from cand on 7/31/2009.]
August 4, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/4/09 ORDERING that pltf has 30 days to submit the required trust acct statement and affidavit; failure to comply will result in a recommendation that this action be dismissed; the clerk to send pltf a new ifp application. (Yin, K)
February 1, 2010
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[VACATED PER 96 ORDER] ORDER signed by Magistrate Judge Edmund F. Brennan on 2/1/10 ORDERING that 8 Motion to Proceed IFP is GRANTED; Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in accordance with the notice to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. The complaint is dismissed with leave to amend within 30 days. (Dillon, M) Modified on 3/30/2015 (Zignago, K.).
February 1, 2010
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ment Orders )(Dillon, M)ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 2/1/10 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Gregory C. Bontemps to the clerk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Pay
April 13, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/13/10 ORDERING that the Clerk is directed to randomly assign a United States District Judge to this case; RECOMMENDING that this action be dismissed for plaintiffs failure to state a claim. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
October 27, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/27/10 ORDERING the 4/13/10 findings and recommendations 13 are VACATED; the complaint is DISMISSED with leave to amend within 30 days. (Carlos, K) Modified on 10/27/2010 (Carlos, K).
March 25, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/24/2011 ORDERING that the second amended cmpt is DISMISSED for failure to state a claim, w/ leave to amend w/in 30 days.(Yin, K)
September 20, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 09/19/11 ordering that the 3rd amended complaint is dismissed for failure to state a claim, with leave to amend within 30 days. (Plummer, M)
January 4, 2012
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dge Lawrence K. Karlton. (Benson, A.)ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 01/04/12 ORDERING that service is appropriate for defendants Smith and Sotak. Clerk shall send plaintiff two USM-285 forms, one summons, an instruction sheet and one copy of the 24 10/13/11 Fourth Amended Complaint; within 30 days, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed documents and three copies of the endorsed fourth amended complaint. IT IS RECOMMENDED that defendants Cannon, Tidwell, and Slayball be dismissed without prejudice due to plaintiff's failure to state a claim upon which relief may be granted Objections to these F&Rs due within 20 days; case referred to Ju
February 29, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 02/28/12 ordering the clerk of the court shall mail plaintiff 1 USM-285 form. Within 60 days from the date this order is served, plaintiff may return the completed USM-285 form, providing new instructions for service of process upon defendant Sotak. (Plummer, M)
March 5, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/5/12 denying 32 Motion to Appoint Counsel. (Dillon, M)
April 16, 2012
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ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 4/16/12. Defendants Cannon, Tidwell and Slayball are DISMISSED without prejudice. (Manzer, C)
May 21, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 05/21/12 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion or a statement of no opposition. (Plummer, M)
July 24, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 07/24/12 ordering within 14 days from the date of service of this order, defendant Sotak shall pay to the U.S. Marshal the sum of $56.12 unless within that time defendant files a written statement showing good cause for failing to waive service. The clerk of the court shall serve a copy of this order on the U.S. Marshal. (Plummer, M)
January 16, 2013
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/16/2013 ORDERING that defendant Smith's 56 motion to strike is GRANTED in that plaintiff's 8/14/2012 filing is DISREGARDED; plaintiff's 42, 52 Fifth and Sixth Amended Complaints are STRICKEN; and RECOMMENDING that defendants' 40 motion to revoke plaintiff's IFP status be denied; defendant Sotak's 50 motion to dismiss be denied; and defendants Smith and Sotak be directed to file a responsive pleading in accordance with the requirements set forth in Rule 12 of the F. R. Civ. P.. Referred to Judge Lawrence K. Karlton; Objections due within 14 days. (Yin, K) Modified on 1/16/2013 (Yin, K).
February 20, 2013
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ORDER signed by Judge Lawrence K. Karlton on 2/19/2013 ADOPTING 59 Findings and Recommendations in full; DENYING 40 Motion to Revoke Plaintiff's IFP Status; DENYING 50 Motion to Dismiss; DIRECTING Defendants Smith and Sotak to file responsive pleadings in accordance with the requirements set forth in F.R.Cv.P. Rule 12. (Michel, G)
April 2, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/1/2013 ORDERING that, within 21 days, plaintiff shall file either an opposition to the 63 motion to dismiss or a statement of no opposition. (Yin, K)
February 14, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 02/14/14 ordering as to 63 MOTION to DISMISS ( Motion Hearing set for 3/19/2014 at 10:30 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.) Plaintiff shall appear via telephonce from his current institution of confinement. (Plummer, M)
February 14, 2014
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 02/14/14 ordering the Custodian to produce Gregory C. Bontemps via telephonic conferencing on 03/19/14 at 10:30 a.m. in courtroom 8 before Magistrate Judge Edmund F. Brennan. 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)
March 24, 2014
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FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/24/2014 RECOMMENDING that the 63 Motion to Dismiss be denied; REFERRING this matter to Judge Lawrence K. Karlton; ORDERING that any objections be filed within fourteen days. (Michel, G)
July 7, 2014
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ORDER ADOPTING 77 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 7/3/14 and DENYING Defendant Smith's 63 Motion to Dismiss. (Manzer, C)
February 25, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/25/2015 RECOMMENDING that the 74 MOTION to Revoke Plaintiff's In Forma Pauperis Status be granted, the 9 Order granting IFP be vacated and plaintiff be required to furnish the statutory filing fee of $350. Objections due within 14 days after being served with this Findings and Recomendations. Referred to Judge Morrison C. England, Jr. (Donati, J)
March 11, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/10/2015 DENYING plaintiff's 93 request for appointment of counsel. (Yin, K)
March 30, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 3/27/2015 ORDERING that the 92 findings and recommendations are ADOPTED in full. Defendant Sotak's 74 Motion to Revoke Plaintiff's In Forma Pauperis Status is GRANTED. The Court's 9 order granting in forma pauperis status is VACATED and Plaintiff's in forma pauperis status is REVOKED. Plaintiff is ordered to furnish the statutory filing fee of $350 to proceed with this action and is admonished that failure to pay the filing fee within thirty days of this order will result in dismissal of this action. (Zignago, K.)
May 11, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 5/8/2015 DISMISSING this case pursuant to F.R.Cv.P. Rule 41(b), E.D. Cal. Local Rule 110. CASE CLOSED. (Michel, G.)
November 27, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/27/17 ORDERING in accordance with the order of the Court of Appeals, it is hereby ordered that plaintiff's in forma pauperis status is reinstated. (cc: USCA, 9th circuit) (Plummer, M)
December 15, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/14/2017 DENYING 108 Motion to Appoint Counsel. (Henshaw, R)
February 6, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/5/2018 GRANTING 110 Motion for Extension of Time. Defendant shall have until and including March 22, 2018 to serve his responses. (Fabillaran, J)
May 11, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 05/10/18 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion or a statement of no opposition. (Plummer, M)
June 1, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/31/2018 DENYING plaintiff's 116 request for the appointment of counsel. (Yin, K)
July 18, 2018
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/18/2018 GRANTING IN PART 112 Motion to Compel; GRANTING 113 Motion to Modify Scheduling Order; and RECOMMENDING 117 Motion for Summary Judgment be denied. Parties to meet, confer, and agree on a date for plaintiff's second deposition to be taken within 60 days of this order's entry. Request for monetary sanctions are denied. Defendants have 60 days from the date of this order's entry to complete plaintiff's deposition and the new deadline for filing dispositive motions is 3 months beyond the end date of that 60 day extension. 117 Motion for Summary Judgment referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)