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11-210 - (PC) Atkinson v. California Department of Corrections


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11-210 - (PC) Atkinson v. California Department of Corrections
February 10, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 2/9/11 ORDERING that 2 Motion to Proceed IFP is GRANTED; Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff's complaint is DISMISSED with 30 days to file an amended complaint.(Dillon, M)
February 10, 2011
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge John F. Moulds on 2/9/11 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Scott Robert Atkinson 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 Payment Orders )(Dillon, M)
September 14, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 09/13/11 ordering within 14 days from the date of this order defendant Diogo Babtista shall pay to the U.S. Marshal the sum of $55.00 unless within that time defendant files a written statement showing good cause for his failure to waive service. The court does not intend to extend the 14 day period. The clerk of the court shall serve a copy of this order on the U.S. Marshal. (Plummer, M)
September 14, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 09/13/11 ordering within 14 days from the date of this order defendant S. King shall pay to the U.S. Marshal the sum of $55.00, unless within that time defendant files a written statement showing good cause for his failure to waive service. The court does not intend to extend the 14 day period. The clerk of the court is directed to serve a copy of this order on the U.S. Marshal. (Plummer, M)
September 14, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 09/13/11 ordering within 14 days from the date of this order defendant William Knipp shall pay to the U.S. Marshal the sum of $55.00, unless within that time defendant files a written statement showing good cause for his failure to waive service. The court does not intend to extend the 14 day period. The clerk of the court is directed to serve a copy of this order on the U.S. Marshal. (Plummer, M)
September 14, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 09/13/11 ordering within 14 days from the date of this order defendant D. Thomason shall pay to the U.S. Marshal the sum of $55.00, unless within that time defendant files a written statement showing good cause for his failure to waive service. The court does not intend to extend the 14 day period. The clerk of the court is directed to serve a copy of this order on the U.S. Marshal. (Plummer, M)
October 19, 2011
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ORDER signed by Magistrate Judge John F. Moulds on 10/18/11 ordering that the 09/14/11 orders directing defendants Babtista, King, Knipp and Thomason to pay the United States Marshal the costs of personal service are confirmed. Said payments shall be made within 10 days from the date of this order. (Plummer, M)
March 20, 2012
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7/11 motion to dismiss be denied; and defendants Cate, Martell, King and Thomason be directed to answer plaintiff's first amended complaint within 20 days from the date of any order by the district court adopting these findings and recommendatioORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 03/19/12 granting 39 Motion to amend. The first amended complaint is deemed amended to change the spelling of defendant Juanit Green's name to Juanita Geurin throughout said pleading. Within 20 days from the date of this order counsel for defendants shall inform the court in writing whether counsel will waive service of process on behalf of defendant Geurin. Also, RECOMMENDING that defendants' 10/2ns. MOTION to DISMISS 33 referred to Judge Morrison C. England Jr. Objections due within 14 days.(Plummer, M)
June 13, 2012
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first amended complaint within 20 days from the date of this order. (Kastilahn, A)ORDER adopting in full 44 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 6/13/12. Defendants' 33 Motion to Dismiss is DENIED; and Defendants Cate, Martell, King and Thomason are directed to answer plaintiff's
June 26, 2012
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ORDER and REVISED DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge John F. Moulds on 6/25/12: Discovery due by 9/21/2012. Pretrial Motions filed by 12/21/2012; 48 Motion is GRANTED; Defendant Guerin is granted an extension of time to answer the first amended complaint. Defendant Guerins answer to the first amended complaint is due on or before the date set for defendants Cate, Martel, King, and Thomason to answer the first amended complaint pursuant to the district courts June 13, 2012 order.(Dillon, M)
January 31, 2013
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ORDER signed by Magistrate Judge John F. Moulds on 1/30/13 granting 53 Motion to exceed page limits. Defendants' 12/21/12 motion for summary judgment 54 will be considered in its entirety. Plaintiff's 1/04/13 motion to compel discovery 56 is dropped from calendar. Plaintiff's opposition to defendants' 12/21/12 motion for summary judgment shall be filed and served on or before 03/11/13. Defendants' reply, if any, shall be filed and served not later than 14 days thereafter. Plaintiff's 1/04/13 motion to stay 57 is denied as moot. (Plummer, M)
August 20, 2013
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ORDER signed by Magistrate Judge Allison Claire on 08/19/13 ordering the clerk of the court is directed to send each party the consent form for settlement conferences. Plaintiff's 3/18/13 motion for extension of time 61 is granted nunc pro tunc. Defendants' 04/12/13 motion to exceed page limit 65 is granted. Defendants 12/21/12 renewed motion for summary judgment 54 is denied without prejudice. (cc: AC) (Attachments: # (1) Settlement consent form) (Plummer, M)
September 6, 2013
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ORDER signed by Magistrate Judge Allison Claire on 9/5/2013 ORDERING that this matter is SET for settlement conference on 11/1/2013 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; the parties shall submit confidential settlement conference statements on or before 10/25/2013. (Yin, K)(cc: AC) Modified on 9/11/2013 (Plummer, M).
September 6, 2013
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 9/5/2013 ORDERING the custodian to produce Scott Robert Atkinson #K-13252, to testify in USDC at 9:00 a.m. on 11/1/2013 in courtroom #26, before Judge Allison Claire; 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; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden of MCSP. (cc: OTCD-SAC and AC) (Yin, K) Modified on 9/11/2013 (Plummer, M).
January 28, 2014
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ORDER signed by Magistrate Judge Allison Claire on 01/27/14 ordering the further settlement conference will not be rescheduled but instead will be vacated. Defendants may re-notice their previously filed motion for summary judgment, or file a new motion for summary judgment within 14 days. If no dispostive motion is filed within 14 days, the case will be scheduled for trial. (Plummer, M)
February 12, 2014
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ORDER signed by Magistrate Judge Allison Claire on 02/11/14 granting 79 Motion for leave to file a 35 page motion for summary judgment. (Plummer, M)
March 17, 2014
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 03/14/14 ordering that defendants D. Baptista, M. Cate, J. Geurin, S. King, W. Knipp, M. Martel and D. Thomason are hereby dismissed with prejudice pursuant to FRCP 41 (a)(1)(ii), each party to bear their own fees and costs. CASE CLOSED. (Plummer, M)