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11-1945 - (PC) Avery v Virga


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11-1945 - (PC) Avery v Virga
April 4, 2012
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kyle Avery signed by Magistrate Judge Dale A. Drozd on 4/3/2012. CDC is to collect monthly payments and forward to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
August 2, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 08/02/12 denying 12 Motion to Amend the Complaint. Within 30 days of the date of service of this order, plaintiff shall file either 1) the documents necessary for service in accordance with the court's original screening order, or 2) an amended complaint. (Plummer, M)
August 27, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 08/26/13 ORDERING plaintiff's motions to screen his amended complaint 17 and 18 are denied as unnecessary. The clerk of the court is directed to randomly assign a United States District Judge to this action. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. Also, RECOMMENDING that this case proceed on plaintiff's first amendment retaliation claims against defendants Dreager-Smith, Porter, Johnson, Guzman, McCumber and Virga and on plaintiff's RLUIPA, First Amendment, and Fourteenth Amendment Equal Protection Clause claims against defendants Virga, Smith, Porter, Detlefsen, Carter, Johnson, Guzman, McCumber and Elia. Plaintiff's claims under the Fourteenth Amendment Due Process Clause, the Eighth Amendment and section 1985(3) be dismissed for failure to state a claim. This matter be referred back to the undersigned for service of the amended complaint on the defendants provided herein. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
January 10, 2014
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ORDER signed by Judge Kimberly J. Mueller on 1/10/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 8/27/13 22, are ADOPTED in full; This case shall proceed on Plaintiff's First Amendment retaliation claims against defendants Dreager-Smith, Porter, Johnson, Guzman, McCumber, and Virga and on Plaintiff's RLUIPA, First Amendment, and Fourteenth Amendment Equal Protection Clause claims against defendants Virga, Smith, Porter, Detlefsen, Carter, Johnson, Guzman, McCumber, and Elia; Plaintiff's claims under the Fourteenth Amendment Due Process Clause, the Eighth Amendment, and ยง 1985(3) are dismissed for failure to state a claim; and This matter is referred back to the assigned magistrate judge for service of the amended complaint on the defendants as provided above.(Mena-Sanchez, L)
November 21, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/20/14 ordering plaintiff's request to withdraw his RLUIPA claim 32 is granted. Defendants' motion to dismiss plaintiff's RLUIPA claim for injunctive relief 31 is denied as moot in light of plaintiff's voluntary withdrawal of that claim. Plaintiff's motion to compel 33 is denied as unnecessary. Within 30 days of the date of this order, defendants shall file a responsive pleading to plaintiff's remaining operative claims set forth in his amended complaint. (Plummer, M)
October 19, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/16/2015 DIRECTING the Clerk to terminate Attorney Kelly Ariana Samson from the service list in this action. (Yin, K)
June 24, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/24/16 recommending that Defendants motion for summary judgment based on plaintiffs failure to exhaust administrative remedies prior to filing suit as required 40 be granted on all of plaintiffs claims, except his First Amendment retaliation claim against defendants Dreager-Smithand Porter. Defendants motion for summary judgment on plaintiffs First Amendment retaliation claim against defendants Dreager-Smith and Porter 40 be denied. Defendants motion for summary judgment based on the affirmative defense of qualified immunity with respect to plaintiffs First Amendment retaliation claim against defendants Dreager-Smith and Porter 40 be denied. MOTION for SUMMARY JUDGMENT 40 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M) Modified on 6/24/2016 (Plummer, M).
July 20, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/20/16 ORDERING that a settlement conference has been set for October 18, 2016 at 9:30 a.m. in Courtroom #24 before Magistrate Judge Carolyn K. Delaney at the U. S. District Court, 501 I Street, Sacramento, California 95814. Each party shall provide a confidential settlement statement to the following email address: [email protected] not later than October 11, 2016. (cc CKD)(Dillon, M)
July 20, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 7/20/16 ORDERING the Custodian to produce Kyle Avery at 9:30 am in Courtroom) before (Judge). 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 writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(Dillon, M)
July 25, 2016
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 07/25/16 ordering this writ shall amend the writ issued on 7/20/16. The Custodian to produce Kyle Whelan on 10/18/16 at 9:30 a.m. by video conference in courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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 writ on the custodian. (cc: CKD and I.T. Dept, Sacramento) (Plummer, M) Modified on 7/25/2016 (Plummer, M).
August 22, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 8/22/16 ORDERNG that the FINDINGS AND RECOMMENDATIONS filed 6/24/16 62 are ADOPTED in full; Defendants' MOTION for Summary Judgment based on Plaintiff's failure exhaust administrative remedies prior to filing suit as required (ECF No. 40) is GRANTED on all of Plaintiff's claims, except his First Amendment retaliation claim against defendants Dreager-Smith and Porter. Defendants' MOTION for Summary Judgment on Plaintiff's First Amendment retaliation claim against defendants Dreager-Smith and Porter (ECF No. 40) is DENIED; and Defendants' MOTION for Summary Judgment based on the affirmative defense of qualified immunity with respect to Plaintiff's First Amendment retaliation claim against defendants Dreager-Smith and Porter (ECF No. 40) is DENIED. (Mena-Sanchez, L)