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11-2396 - (PC) Arceo v. DVI, et al


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11-2396 - (PC) Arceo v. DVI, et al
September 19, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/11 ORDERING that 2 Motion to Proceed IFP is DISMISSED without prejudice; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within 30 days from the date of this order, a completed application to proceed in forma pauperis.(Dillon, M)
May 17, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/12 ORDERING that 5 Motion to Proceed IFP is GRANTED; plaintiffs companion request for judicial notice 6, is also GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiffs complaint 1 is DISMISSED with 30 days to file an amended complaint. (Dillon, M)
May 17, 2012
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 5/16/12 ORDERING the Sheriff of San Joaquin County to collect and forward payment from the prison trust account of Anthony Arceo 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)(Dillon, M)
March 11, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/11/2014 ORDERING plaintiff, within 30 days, to provide the court with (a) plaintiff's current mailing address, (b) a statement whether plaintiff withdraws his motions for temporary restraining order, OR an explanation how the matters raised in those motions are not now moot, (c) a statement whether plaintiff wishes to proceed with this action on the merits, and thus obtain the court's screening of plaintiff's First Amended Complaint; failure to timely respond to this order shall result in a recommendation that this action be dismissed; and Officials at the San Joaquin County Jail shall forward this order to plaintiff at his current address.(Yin, K)
April 3, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/14 ORDERING that Plaintiffs motions for a temporary restraining order (ECF Nos. 13, 14), are denied as moot. Plaintiff shall file a notice of change of address on or before May 23, 2014. Should plaintiff timely file a notice of change of address, the court will then screen plaintiffs First Amended Complaint and supplement (ECF Nos. 11, 12). Failure of plaintiff to file a notice of change of address by May 23, 2014, shall result in the dismissal of this action without prejudice. Clerk of Court shall serve a copy of this order on plaintiff at his address of record.(Dillon, M)
August 21, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/21/14 ORDERING that plaintiffs amended complaint is dismissed, with leave to file a Second Amended Complaint within 30 days that is no more than 15 pages in length. The Clerk of Court is directed to send plaintiff one blank copy of the Civil Rights Complaint used by prisoners in this district.(Dillon, M)
October 24, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/14 ORDERING that 19 motion for extension of time is GRANTED; Plaintiff is granted thirty days from the date of this order in which to file a second amended complaint.(Dillon, M)
March 16, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/16/2015 ORDERING that the third and fourth amended complaints submitted by plaintiff's mother, Sylvia Arceo, are STRICKEN; plaintiff's second amended complaint is DISMISSED; plaintiff has 30 days to file a third amended complaint; and the Clerk shall serve a copy of this order on Sylvia Arceo.(Yin, K)
March 18, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/17/16 ORDERING the clerk of the court is directed to assign a District Judge to this case. U.S. District Judge Morrison C. England Jr. is randomly assigned to this case. The allegations in the pleading are sufficient at least to state potentially cognizable claims against defendants Surjick, Kong, Adams, McHugh and Savage. With this order the clerk of the court shall provide plaintiff a blank summons, a copy of the pleading filed 5/20/15 27, 5 USM-285 forms and instructions for service of process to be completed and returned within 30 days. Also, RECOMMENDING that plaintiff's claims against the remaining defendants be dismissed without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
May 5, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 05/04/16 ordering the findings and recommendations filed 03/18/16 28 are adopted in full. This action proceeds on plaintiff's retaliation claims against defendants Surjick, Kong, Adams and McHugh for their actions in February of 2012 and defendant Savage base on his actions in September 2012. Plaintiff's remaining claims, including all claims against the remaining defendants are dismissed without prejudice.(Plummer, M)
May 6, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/2016 DENYING as moot plaintiff's 29 motion to stay. (Yin, K)
November 23, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 11/22/16 ORDERING that plaintiff's 36 Motion to Amend the Judgment, construed as a Motion for Reconsideration, is GRANTED; upon reconsideration, the 31 05/05/16 Order is AFFIRMED; this action proceeds on plaintiff's retaliation claims against defendants Surjick, Kong, and McHugh for their actions in February of 2012, and defendant Savage based on his actions in September of 2012. Plaintiff's remaining claims, including all claims against the remaining defendants, are DISMISSED without prejudice. (Benson, A)
December 1, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/01/16 partially granting 39 Motion to Strike. Paragraphs 5-8, 10-12, 16-20, 22-53, 62-67, 69, 71-73, 75-84, 86-96, 100 and 103 are stricken from plaintiffs third amended complaint 27. Defendants Surjick, Kong, McHugh and Savage shall file a responsive pleading within twenty-one days from the date of this order. (Plummer, M)
January 6, 2017
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ORDER signed by District Judge Morrison C. England, Jr., on 1/5/17 ORDERING that the 11/23/16, and 12/1/16 orders are amended. This action proceeds on plaintiff's retaliation claims against defendants Surjick, Kong, Adams and McHugh for their actions in February of 2012, and defendant Savage based on his actions in September 2012. Defendant Adams shall file a responsive pleading within 21 days from the date of this order. (Kastilahn, A)
June 22, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/21/17 ORDERING plaintiff's motion for clarification 57 is partially granted. Plaintiff's motion for protective order 58 is partially granted. The court will entertain no further motions to amend; plaintiff must file new and unrelated claims in separate actions. The 1/26/17 scheduling order is amended as follows: The discovery deadline is continued to 9/25/17. The deadline for filing pretrial motions, except motions to compel discovery, is continued to 12/15/17. In all other respects, the provisions of the scheduling order remain in effect. Also, RECOMMENDING that plaintiff's motion to amend 52 be denied. MOTION to AMEND 52 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
July 24, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 7/24/2017 ADOPTING in FULL 61 Findings and Recommendations; DENYING 52 Motion to Amend the Complaint. (Washington, S)
November 1, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/1/2017 DENYING 63 Plaintiff's Motion and DENYING Defendants' Request to Dismiss this Action. (Henshaw, R)