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10-203 - (PC) Reece v. Sisto et al


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10-203 - (PC) Reece v. Sisto et al
May 13, 2010
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Charles G. Reece signed by Magistrate Judge Edmund F. Brennan on 05/13/10. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
June 29, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/29/2010 ORDERING that pltf has 21 days to either explain his failure to comply w/ the 5/13/10 order, or submit the USM-285 form for dft Don Mimis; the clerk to send pltf 1 USM-285 form. (Yin, K)
August 13, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/12/10 ORDERING that, within 21 days of the date of this order, plaintiff shall either comply with the June 29 order or inform the court that he wishes to proceed against defendant Sisto only and consents to the dismissal of defendant Mimis.(Dillon, M)
August 9, 2011
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/8/11 RECOMMENDING that 17 MOTION to DISMISS be denied; referred to Judge John A. Mendez; Objections due within 14 days.(Dillon, M)
September 29, 2011
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ORDER signed by Judge John A. Mendez on 9/28/2011 FINDINGS AND RECOMMENDATIONS 29 are ADOPTED in FULL; Defendant's 17 Motion to Dismiss plaintiff's equal protection claim pursuant to Rule 12(b)(6) is DENIED. (Reader, L)
February 23, 2012
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/22/2012 ORDERING the clerk to terminate defendant's 30 motion to strike; and RECOMMENDING that defendant's 22 motion to dismiss be granted. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
September 3, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 09/03/13 ordering the clerk of the court is directed to reopen this case. In due course, the court will issue findings and recommendations addressing the alternate arguments for dismissal in defendants' 06/21/11 motion to dismiss. (Plummer, M)
August 14, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/13/14 recommending that defendants' motion to dismiss 22 be granted in that plaintiff's Eighth Amendment claim be dismissed with leave to amend, and that claims based on conditions existing before January 2006 be dismissed without leave to amend, as barred by the statute of limitations. Plaintiff be granted leave to file an amended complaint to cure the deficiencies in his Eighth Amendment claim within 30 days of the filing date of any order adopting these recommendations. If plaintiff chooses not to file an amended complaint and instead to proceed solely on his Fourteenth Amendment claim, then defendants be required to file an answer within 45 days of the filing date of any order adopting these recommendations. MOTION to DISMISS 22 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
November 17, 2014
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ORDER adopting in full 47 FINDINGS AND RECOMMENDATIONS, signed by Judge John A. Mendez on 11/14/14. Defendants' 22 motion to dismiss is granted in that plaintiff's Eighth Amendment claim is dismissed with leave to amend, and that claims based on conditions existing before January 2006 are dismissed without leave to amend, as barred by the statute of limitations. Plaintiff is granted leave to file an amended complaint within 30 days of the filing date of this order. If plaintiff chooses not to file an amended complaint and instead, to proceed solely on his Fourteenth Amendment claim, then defendants are required to file an answer within 45 days of the filing date of this order. (Kastilahn, A)
April 28, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/28/201 ORDERING if plaintiff wishes to pursue both an Eighth Amendment and a Fourteenth Amendment claim, he must file a second amended complaint within 30 days. If plaintiff does not file a second amended complaint within 30 days, the court will issue a screening order pursuant to 28 U.S.C. ยง 1915A in response to the first amended complaint.(Yin, K)
June 5, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/05/15 ordering the court has reviewed the second amended complaint and finds that it states potentially cognizable Eighth and Fourteenth Amendment claims against defendants Sisto and Mimis. Defendants shall respond to the complaint in accordance with Rule 12 of the Federal Rules of Civil Procedure. (Plummer, M)
March 1, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/29/16 RECOMMENDING that defendants motion to dismiss and to declare plaintiff a vexatious litigant (ECF No. 60) be granted in part and denied in part, as follows: Defendants motion to dismiss be denied as to plaintiffs Eighth Amendment claim; Defendants motion to dismiss be granted as to plaintiffs Fourteenth Amendment claim; and Defendants motion that plaintiff be deemed a vexatious litigant and be required to post a security be denied without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
April 1, 2016
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ORDER ADOPTING 62 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 03/31/16 ORDERING that defendants' 60 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART as follows: DENIED as to plaintiff's Eighth Amendment claim; GRANTED as to plaintiff's Fourteenth Amendment claim; and DENIED without prejudice that plaintiff be deemed a vexatious litigant and be required to post a security. (Benson, A)
January 17, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/17/17 ordering plaintiff's motion requesting that defendants be sanctioned for denying him a copy of his deposition transcript 76 is DENIED. Plaintiff's motion to compel further responses to his request for production of documents 77 is DENIED. (Plummer, M)
September 6, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 09/06/17 RECOMMENDING Defendants' 80 be GRANTED IN PART and DENIED IN PART as follows: Summary judgment be granted to defendants on plaintiff's conditions-of-confinement claim against Sisto; and Summary judgment be denied to defendants on plaintiff's conditions-of-confinement claims against Mins. Defendants' 93 motion to strike be GRANTED IN PART and DENIED IN PART. Motions 80 and 93 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)