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11-518 - (PC) Penton v. Hubard et al


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11-518 - (PC) Penton v. Hubard et al
March 8, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/7/11 ORDERING that within 30 days from the date of this order, plaintiff shall complete the Notice of Submission and submit the following documents to the court: A complete Application to Proceed In Forma Pauperis By a Prisoner; and a certified copy of plaintiffs prison trust account statement for the six month period immediately preceding the filing of the complaint. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. (Dillon, M)
July 13, 2011
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of plaintiff Anthony Penton signed by Magistrate Judge Kendall J. Newman on 7/11/2011. Planitiff's 10 Motion to Proceed IFP is GRANTED and he is obligated to pay $350.00 filing fee. An initial partial filing fee is assessed and fees shall be collected in accordance w/Court's Order to Director of CDCR. The 1 Complaint is DISMISSED and w/in 30 days from date of this Order, plaintiff shall complete attached Notice of Amendment and Amended Complaint. (Marciel, M)
July 13, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2011. Director of CDCR shall collect an initial partial filing fee from prison trust account. Thereafter, collection from trust account shall be sent to Clerk until balance is paid in full. Clerk directed to serve copy of Order on Financial Department of Court and Director of CDCR (together w/copy of IFP Affidavit). (Marciel, M)
October 31, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/11 partially granting 14 Motion for Reconsideration. Upon reconsideration the 07/13/11 order dismissing the original complaint without prejudice 11 is affirmed. However, as noted above, plaintiff may file a new action if he wishes to pursue his challenge to the prison disciplinary; and the clerk of the court is directed to send plaintiff the forms for filing a civil rights complaint and an application to proceed in forma pauperis. (Plummer, M)
December 14, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/11 partially granting 20 Motion for Reconsideration. Upon reconsideration the 10/31/11 order 19 is affirmed. The clerk of the court is directed to file a copy of plaintiff's 02/24/11 complaint 1 and the instant order in a new action, assigned to the undersigned magistrate judge, and filed nunc pro tunc as of 02/24/11. Plaintiff is granted 30 days in which to file an amended complaint in that new action, bearing the case number of the new action, not the instant action. The case number of the new action is (2:11-cv-3319 KJN P). (Plummer, M)
July 5, 2012
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/5/2012 ORDERING the clerk to assign a district judge to this case; and within 45 days, counsel for the defendants shall notify the court by declaration as to the identity of the potential defendants, as set forth in this order, and whether counsel for the named defendants is authorized to accept service on behalf of the identified potential defendant or defendants; and RECOMMENDING that defendants 27 motion to dismiss be denied in part, and granted in part; plaintiff's amended complaint be dismissed with leave to amend; and within 60 days of the district court adopting these recommendations, plaintiff shall file a second amended complaint. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections due within 21 days. (See order, findings and recommendations for details) (Yin, K)
September 10, 2012
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ORDER denying 34 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 09/10/12. (Plummer, M)
September 13, 2012
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ORDER signed by Judge Garland E. Burrell, Jr on 9/12/12 ORDERED the findings and recommendations filed 7/5/12, are adopted in full; Defendants' 2/27/12 motion to dismiss is denied in part and granted in part as follows: Denied as to plaintiff's alleged failure to exhaust administrative remedies; Granted as to plaintiff's access to the courts claim; Granted as to plaintiff's claims for declaratory relief and monetary damages against defendants in their official capacities; Although plaintiff stated a cognizable claim under the First Amendment based on the withholding of plaintiff's incoming mail for over eight months, defendants' motion to dismiss is granted based on plaintiff's failure to attribute these actions to a named defendant, and thus failure to state a claim as to any particular defendant in this case; Plaintiff's amended complaint is dismissed with leave to amend as set forth above; and Within sixty days, plaintiff shall file a second amended complaint that complies with the instant findings and recommendations. Failure to file a second amended complaint in accordance with this order may result in the dismissal of this action. (Becknal, R)
November 27, 2013
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. (cc Monica Anderson)(Dillon, M)ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/13 ORDERING that Plaintiffs motion to compel discovery 52 is partially granted. Supervising Deputy Attorney General Monica Anderson is requested to take all steps necessary to enlist the assistance from the CDCR to obtain defendant Nunez current address; within 30 days from the date of this order, Ms. Anderson is requested to provide the address to the U.S. Marshal and so inform the court. If defendant Nunez cannot be located, Ms. Anderson should so advise. The Clerk of the Court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. Plaintiff is granted an additional ninety days in which to serve process on defendant Nunez
February 13, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/13/2014 REQUESTING Supervising Deputy AG Misha D. Igra to take all steps necessary to enlist the assistance of the CDCR to obtain defendant S. Nunez' current address and provide the address to the US Marshal and so inform the court within 30 days; if defendant Nunez cannot be located, Ms. Igra should so advise; the Clerk shall serve a copy of this order on Misha D. Igra; and plaintiff is GRANTED an additional 90 days in which to serve process on defendant Nunez.(Yin, K)
March 26, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/26/14 ORDERING that Clerk of the Court is directed to send to plaintiff one USM-285 form, along with an instruction sheet and a copy of the second amended complaint filed November 15, 2012; and plaintiff shall complete and submit service documents on or before 5/13/14.(Dillon, M)
August 26, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/22/14 ordering plaintiff's motion 59 is denied. Plaintiff shall show cause within 30 days why this action should not be dismissed for failure to serve defendant Nunez pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. (Plummer, M)
November 25, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/25/14 ORDERING that within 30 days from the date of this order, plaintiff shall file a proposed third amended complaint; Twenty-one days after plaintiff submits his third amended complaint, defendant shall file a response to plaintiffs November 10, 2014 request (ECF No. 64); and Plaintiffs reply, if any, shall be filed 14 days thereafter.(Dillon, M)
February 27, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 02/26/15 ORDERING that defendants' request for clarification of the 1/09/15 order 70 is denied. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
May 13, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/12/15 ORDERING the 02/27/15 findings and recommendations 71 are vacated. Plaintiff's request for extension of time 74 is denied as moot. Plaintiff's second request for reconsideration 72 is denied as moot. Also, RECOMMENDING that plaintiff's request for reconsideration 64 be denied. Plaintiff's motion to amend 64 be denied. This action be dismissed without prejudice based on plaintiff's failure to serve defendant S. Nunez pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. MOTION for RECONSIDERATION 64 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
November 10, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 11/9/15: The Court finds that plaintiff should be entitled to continue proceeding in forma pauperis pursuant to the appeal of this action re 86 USCA Order. (cc:USCA) (Kaminski, H)
December 15, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/2015 DISMISSING plaintiff's 85 Rule 60(b) motion without prejudice for lack of jurisdiction. (Yin, K)
March 13, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/2018 ORDERING, within 30 days, plaintiff shall file a fourth amended complaint consistent with the order of the appellate court.(Yin, K)
May 1, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/1/2018 GRANTING 105 Stipulated Motion for Extension of Time. Defendants Donahoo, Johnson, Pool, Virga, and Walker are granted up to and including 5/24/2018 to file a response. (Henshaw, R)
May 4, 2018
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SUBSTITUTION OF ATTORNEY AND ORDER signed by Magistrate Judge Kendall J. Newman on 05/03/18 ORDERING Attorney Van Longyear is substituted in as attorney of record for defendant Layton Johnson, Jr. in place of attorney Van Kamberian. (Plummer, M)
May 29, 2018
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ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 5/29/2018. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigne a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Christopher Becker. (cc: Christopher Becker) (Yin, K)ed DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall fil
July 27, 2018
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e Magistrate Judge Edmund F. Brennan. The Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: EFB and OTCD)(3 certified copies of this writ served on the Warden, Ironwood State Prison)(Plummer, M) Modified on 7/27/2018 (Plummer, M). Modified on 8/9/2018 (Henshaw, R).[VACATED PER 133 ORDER AND AMENDED WRIT] ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 07/27/18 ORDERING the Custodian to produce Anthony Penton on 8/30/18 at 10:00 a.m. in courtroom 8 befor
August 9, 2018
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ORDER and AMENDED WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 8/9/2018 GRANTING 132 Request an Amended Writ to provide for plaintiff to appear by phone rather than in perons and ORDERING the Custodian to produce Anthony Penton by telephone from his place of confinement on 8/30/2018 at 10:00 a.m. before Magistrate Judge Edmund F. Brennan. The Courts July 27, 2018 131 writ of habeas corpus ad testificandum is VACATED. 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 amended writ on the Litigation Coordinator at Ironwood State Prison by facsimile. (cc: OTCD and IT Dept; copy of Order and Amended Writ faxed to Litigation Coordinator at Ironwood State Prison and 3 certified copies sent to The Warden, Ironwood State Prison, P.O. Box 2229, Blythe, CA 92226)(Henshaw, R)
October 3, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/3/2018 GRANTING 139 Request for Entry of Default as to Defendant Nunez. Clerk of Court to enter clerk's default as to Defendant Nunez. Stay of this action expired on 9/26/2018. This action is stayed pending further settlement negotiations on 11/29/2018. (Order served on Defendant Nunez at Jolene Nunez, 4636 Heceta Beach Road, Florence, OR 97439 and Jolene Nunez, 16011 Lower Harbor Road, Unit #79, Brookings, OR 97415) (Henshaw, R)
November 1, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 11/01/18 ORDERING the Custodian to produce Anthony Penton by telephonic conferencing on 11/29/18 at 10:00 a.m. in courtroom 8 before Magistrate Judge Edmund F. Brennan. The Custodian shall notify the court of any changes in custody and provide new custodian with a copy of this writ. Clerk shall serve a copy of this writ on the Custodian. (cc: EFB)(3 certified copies sent to the Warden, La Palma Correctional Center) (Plummer, M) Modified on 11/1/2018 (Plummer, M).