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10-839 - (PC) Byrd v. Lynn et al


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10-839 - (PC) Byrd v. Lynn et al
April 29, 2010
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Dale A. Drozd on 4/29/2010 ORDERING the director of the CDCR shall collect monthly payments from Prison Account of Hosea Byrd; the Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's in forma pauperis affidavit on Director, CDCR; and the Clerk of the Court is directed to serve a copy of this order on the Financial Dept of the Court. (Attachments: # (1) Affidavit IFP)(Reader, L)
April 29, 2010
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/29/2010 DENYING 2 Plaintiff's Motion to Appoint Counsel. (Reader, L)
May 24, 2010
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ORDER signed by Judge Frank C. Damrell, Jr. on 5/21/2010 ORDERING 10 that, upon reconsideration, the order of the magistrate judge is AFFIRMED. (Reader, L)
August 26, 2010
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/25/2010 ORDERING that pltf's 17 motion to supplement his amended cmplt is GRANTED; and RECOMMENDING that this action proceed on pltf's First Amendment retaliation claim against dft Lynn; pltf's due process claims against dfts Lynn, Kelly, Hale, Martinez and Kahn be dismissed w/ prejudice; pltf's claims against dft Statti be dismissed w/ prejudice; and pltf's claims against dft McDonald be dismissed w/ prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 21 days.(Yin, K)
September 23, 2010
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/22/2010 ORDERING that pltf's 21 motion for an "informal restraining order" is DENIED as premature. (Yin, K)
March 26, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/26/12 ORDERING that Plaintiffs various motions for leave to supplement his complaint 26, 28, 30, 34 and 37 are denied without prejudice to raising the proposed new causes of action in a separate civil action; Plaintiffs motions for a temporary restraining order and/or preliminary injunctive relief 27 & 29 are denied as moot; Plaintiffs motion for a temporary restraining order and/or preliminary injunctive relief 42 is denied without prejudice; and Plaintiffs motion for appointment of counsel 31 is denied. (Dillon, M)
March 29, 2012
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ORDER signed by Judge Kimberly J. Mueller on 3/29/2012 ADOPTING 18 Findings and Recommendations in full. This action shall proceed on plaintiff's first amended retaliation claim again defendant Lynn. Plaintiff's due process claims again defendants Lynn, Kelly, Hale, Martinez and Kahn are DISMISSED with prejudice for failure to state a claim. Plaintiff's claims again defendants Statti and McDonald are DISMISSED with prejudice for failure to state a claim. (Donati, J)
March 7, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 3/6/13 ORDERING that defendants July 13, 2012 request for an extension of time (Doc. No. 53) is granted nunc pro tunc; It is RECOMMENDED that Plaintiffs April 9, 2012 motion for reconsideration (Doc. No. 46) of the courts March 29, 2012 order be denied; Plaintiffs May 21, 2012 motion to amend or supplement his amended pleading (Doc. No. 51) be denied; and Defendants August 30, 2012 motion to dismiss (Doc. No. 55) be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
March 29, 2013
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ORDER signed by Judge Kimberly J. Mueller on 3/29/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/7/13 59 are ADOPTED in full; The Motion for Reconsideration of the Court's Order of 3/29/12 46 is DENIED; The Motion to Amend or Supplement Plaintiff's pleading 51 is DENIED. The Motion to Dismiss 55 is DENIED.(Mena-Sanchez, L)
April 17, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 04/16/13 denying Motions to Appoint Counsel 64, 65. (Plummer, M) Modified on 4/17/2013 (Plummer, M).
October 23, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/23/13 RECOMMENDING that 63 MOTION to DISMISS be granted; and this action be closed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
December 23, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/20/13 ordering that within 14 days of the date of this order defendant Lynn shall file a reply to plaintiff's objections and show cause as to why plaintiff should not be excused from complying with the exhaustion requirement in light of his objections, sworn declaration and exhibits. Alternative defendant Lynn may move to withdraw the pending motion to dismiss. (Plummer, M)
February 7, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 02/06/14 vacating 71 FINDINGS AND RECOMMENDATIONS anddenying 63 Motion to Dismiss without prejudice to refiling within 30 days in accordance with the instructions provided herein. Alternatively, defendant Lynn may file an answer to the complaint. (Plummer, M)
March 25, 2014
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ORDER denying 79 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 03/24/14. (Plummer, M)
April 22, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/21/14 ORDERING that 78 Motion to Dismiss for failure to exhaust administrative remedies prior to filing suit 78 is DENIED without prejudice to the filing of a motion for summary judgment in accordance with Albino within thirty days; and Defendants request for clarification from the court on the effect of the decision in Albino on the pending unenumerated Rule 12(b) motion to dismiss 83 is GRANTED. (Dillon, M)
October 29, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/28/14 recommending that defendant's motion for summary judgment 86 be granted. Plaintiff's retaliation claim against defendant Lynn be dismissed without prejudice for failure to exhaust administrative remedies prior to filing suit; and this action be closed. MOTION for SUMMARY JUDGMENT 86 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)