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10-1154 - (PC) Herrera v. Statti


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10-1154 - (PC) Herrera v. Statti
May 11, 2010
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ORDER TRANSFERRING CASE to the Sacramento Division of the Eastern District of California signed by Magistrate Judge Michael J. Seng on 5/10/2010. New Case Number 2:10-cv-01154-DAD (PC). Old Case Number 1:10-cv-00795-MJS (PC). (Bradley, A)
May 17, 2010
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/14/10 DENYING 2 Motion to Proceed IFP without prejudice; Clerk is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action; and plaintiff shall submit, within 30 days from the date of this order, a properly completed application to proceed in forma pauperis on the form provided with this order. (Dillon, M)
June 8, 2010
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ORDER signed by Magistrate Judge Dale A. Drozd on 6/8/10 DENYING 3 and 10 Motions to Appoint Counsel. (Dillon, M)
September 3, 2010
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/2/2010 ORDERING that pltf's 14 application to proceed IFP is GRANTED; pltf to pay the $350.00 filing fee in accordance w/ the concurrent CDC order; pltf's cmplt is DISMISSED; pltf has 30 days to file an amended cmplt; the clerk to send pltf a form for civil rights action; and pltf's 15 motion for an extension of time is DENIED. (Yin, K)
September 3, 2010
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Robert Herrera signed by Magistrate Judge Dale A. Drozd on 9/3/2010. CDC is to collectmonthly payments and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
March 21, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/21/11 ORDERING that the Clerk of the Court is directed to send plaintiff a copy of his 19 amendedcomplaint; Within 14 days from the date of service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court, together with his signed amended complaint. Plaintiffs motions for appointment of counsel 23, 24 are DENIED; and Plaintiffs 26 motion for a court order is DENIED.(Dillon, M)
July 6, 2011
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/5/11 ORDERING that Plaintiff's 6/15/11 MOTION for Appointment of Counsel 32 is DENIED. (Mena-Sanchez, L)
August 24, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/23/12 ordering that plaintiff's request to add additional allegations to his amended complaint 37 is denied. (Plummer, M)
October 4, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/3/12 denying 36 Motion to Appoint Counsel. (Dillon, M)
January 15, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/14/2013 DENYING plaintiff's 49, 61 motions for appointment of counsel. (Yin, K)
May 3, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 05/02/13 ordering plaintiff's discovery motion 50 is granted in part. Plaintiff is granted 30 days from the date of service of this order to review his central file and submit a supplmental opposition if he so desires. Within 14 days of service of plaintiff's supplemental opposition, if any, defendants may file a response thereto. (Plummer, M)
June 19, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 6/18/2013 GRANTING plaintiff's 68 motion for an extension of time; within 30 days, plaintiff shall file his supplemental opposition; DENYING plaintiff's 65 motion for the court to mail a letter from him to the Office of the Federal Defender, or alternatively plaintiff's motion for appointment of counsel; and DENYING plaintiff's 66 request for a court order. (Yin, K)
August 9, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/8/13 ORDERING that plaintiffs motions for preliminary injunctive relief (Doc. Nos. 46 & 52) are DENIED as moot. It is RECOMMENDED that defendants motion to dismiss (Doc. No. 45) be granted; Defendants Wheeler, Clement, Micone, and Harrison be dismissed from this action; and this matter be referred back to the undersigned for further proceedings on plaintiffs sole remaining claim that defendant Medina failed to provide him with adequate medical care in violation of the Eighth Amendment. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
September 16, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr. on 9/12/2013 DENYING 76, 78 Motions to Appoint Counsel; ADOPTING, in full, 75 Findings and Recommendations; GRANTING 45 Motion to Dismiss; DISMISSING Defendants B. Wheeler, K. Clement, J. Micone, W. Harrison; REFERRING this matter back to the magistrate judge for further proceedings on Plaintiffs sole remaining claim that defendant Medina failed to provide him with adequate medical care in violation of the Eighth Amendment. (Michel, G)
September 18, 2013
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ORDER denying 44 Motion to proceed in forma pauperis on appeal signed by Magistrate Judge Dale A. Drozd on 09/17/13. (Plummer, M)
December 4, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/3/2013 DENYING plaintiff's 83 motion for a medical examination brought pursuant to Fed.R.Civ.P. 35; DENYING plaintiff's 84 motion for a court order requiring that officials at CSP Corcoran provide him with requested medical care; and DENYING plaintiff's 85 motion for appointment of counsel. (Yin, K)
December 20, 2013
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ORDER denying 89 Motion to Appoint Counsel signed by Magistrate Judge Dale A. Drozd on 12/19/13. (Plummer, M)
January 8, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/07/14 ordering that Shanan L. Hewitt of the Law Offices of Rivera and Associates is substituted in on case number 2:10-cv-1154 MCE DAD P and Michelle Domingo, Deputy Attorney General, is substituted out of said case as attorney of record for defendant D. Medina. (Plummer, M) Modified on 1/9/2014 (Plummer, M).
March 3, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 2/28/14 denying 98 Motion to Appoint Counsel. (Dillon, M)
March 25, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 03/24/14 granting 97 Motion to Compel. Within 30 days of the date of service of this order, plaintiff shall serve on defense counsel further responses to defendant's special interrogatories (set one) and request for production of documents (set one) Defendant's requests for terminating sanctions and monetary sanctions 97 are denied without prejudice. Defendants's motion for terminating sanctions based on plaintiff's failure to cooperate with discovery 102 is denied without prejudice. Plaintiff shall cooperate with defendse counsel in the taking of his deposition. (Plummer, M)
July 29, 2014
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n to Strike ; and STRIKING AS UNTIMELY 133 Motion for Summary Judgment. (Meuleman, A)ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/14 DENYING 117 Motion for Reconsideration; DENYING WITHOUT PREJUDICE 120 Motion for Sanctions; STRIKING AS UNTIMELY 122 Motion to Compel and 132 Motion to Compel; DENYING 129 Motio
September 4, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr on 09/03/14 plaintiff's motions for reconsideration 81, 116, and 125 are denied. (Plummer, M)
September 5, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/4/2014 DENYING plaintiff's 134, 145 motions for relief pursuant to Fed.R.Civ.P. 56(d); plaintiff shall file an opposition to defendant Medina's motion for summary judgment within 60 days; plaintiff's 144, 148 motions for appointment of counsel are DENIED; and plaintiff's 148 motion for appointment of an expert is DENIED. (Yin, K)
January 7, 2015
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ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 1/07/15 ordering that within 14 days of the date of this order, defendant Medina shall show cause as to why the court should not grant plaintiff's motion to withdraw or amend his admissions. Alternatively, defendant Medina may elect to voluntarily withdraw the pending motion for summary judgment without prejudice to renewing it on the merits. (Plummer, M)
January 29, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/29/15 denying 141 Motion for supplemental sanctions. Plaintiff's opposition to defendants motion for summary judgment, construed as a motion to withdraw or amend his admissions pursuant to rule 36(b) 162 is granted. Within 21 days of the date of service of this order, plaintiff shall reserve his responses to defendant Medina's request for admission. Plaintiff's responses must be signed. Defendant Medina's motion for summary judgment 121 is deemed withdrawn. Defendant Medina is granted 120 days from the date of this order to file a motion for summary judgment on the merits of the case. (Plummer, M)
March 6, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/5/2015 GRANTING plaintiff's 170 motion for a court order; within 14 days, defense counsel shall re-serve on plaintiff defendant Medina's requests for admission; and within 14 day of the date of service of Medina's requests for admission, plaintiff shall re-serve on defense counsel his responses to the defendant's discovery requests. Plaintiff's responses must be signed. (Yin, K)
March 30, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 03/27/15 ordering plaintiff's motion for an extension of time 172 is denied without prejudice. Plaintiff's motion for reconsideration 172 is denied. (Plummer, M)
December 10, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/10/15 ordering plaintiff's requests and motions for relief pursuant to rule 56(d) 174, 181, 183, 185, 186, 187, 189, 190, 191 are denied. Within 30 days from the date of this order, plaintiff' shall file an opposition to defendant Medina's motion for summary judgment. No further extensions of time will be granted for this purpose. Defendant's motion to strike 188 is denied. (Plummer, M)
January 21, 2016
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/21/16 ORDERING that plaintiff's motion for an extension of time to file an opposition to defendant's motion for summary judgment (Doc. No. 197) is DENIED. It is RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
February 25, 2016
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ORDER signed by Chief Judge Morrison C. England, Jr., on 2/25/16 ORDERING that this action shall remain closed. (Kastilahn, A)
October 3, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 9/30/2016 ADVISING plaintiff that further documents filed by plaintiff in this case will be disregarded and no orders will issue in response to future filings. Plaintiff is also advised that if he seeks the appointment of counsel for his appeal, he should direct that request to the Ninth Circuit. (Yin, K)