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11-2555 - (PC) Robinson v. Cate et al


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11-2555 - (PC) Robinson v. Cate et al
September 27, 2011
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ORDER OF TRANSFER to the USDC for the Eastern District of California. (SI, COURT STAFF) (Filed on 9/27/2011) Modified on 9/28/2011 (ysS, COURT STAFF). [Transferred from cand on 9/28/2011.]
November 18, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/17/11 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms. Service is appropriate for George Giurbino, Matthew Kate, Mike McDonald. Clerk to send plaintiff: 1 Summons, 3 USM-285 Forms, and 1 copy of the Complaint filed on 9/21/11. Plaintiff's 2 Motion to Proceed IFP is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of $13.71.(Dillon, M)
November 18, 2011
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 11/17/11 ORDERING the director of the CDC to collect an initial partial filing fee of $13.71 and thereafter, forward payment from the prison trust account of Andre Jamal Robinson to the clerk until the balance of $336.29 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)
August 8, 2012
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ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 8/8/12 ORDERING that Within 21 days of the filing date of this order, plaintiff show cause why the complaint should not be dismissed as moot. Defendants may file an optional response within 7 days after service of plaintiffs response.(Dillon, M)
September 27, 2012
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/26/2012 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Morrison C. England, Jr.; Objections due within 20 days. (Yin, K)
October 17, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/16/12 ORDERING that the findings and recommendations 22 are VACATED; Plaintiffs October 9, 2012 motion for acceptance of his untimely response 24 is GRANTED IN PART; the opposition, filed October 9, 2012 25 is construed as an opposition to defendants March 20, 2012 motion to dismiss; and Plaintiff is granted an additional 21 days from the filing date of this order to respond to the courts August 8, 2012 order to show cause; defendants may file an optional response within 7 days after service of plaintiffs response; and Plaintiffs failure to respond to the order to show cause shall result in a recommendation that this action be dismissed with prejudice.(Dillon, M)
December 5, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/05/12 recommending that the order to show cause filed 08/08/12 20 be discharged. The complaint be dismissed as moot against defendant McDonald. Plaintiff's motion for an order to show cause 19 be denied. Plaintiff's motion for default judgment 21 be denied. Defendant's motion to dismiss 18 be granted and the complaint be dismissed with leave to amend against defendants Cate and Giurbino. Motions 18, 19, 21 referred to Judge Morrison C. England Jr. Objections due within 20 days. (Plummer, M)
February 26, 2013
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ORDER signed by Chief Judge Morrison C. England, Jr on 2/25/13 ORDERING that the findings and recommendations filed December 5, 2012 31 are ADOPTED IN FULL; The order to show cause, filed August 8, 2012 20 is DISCHARGED; Plaintiff's motion for an order to show cause 19 is DENIED; Plaintiff's motion for default judgment 21 is DENIED; Defendant's motion to dismiss 18 is GRANTED; The complaint is DISMISSED as moot against Defendant McDonald; The complaint is DISMISSED with leave to amend against remaining Defendants for the reasons stated in the Magistrate Judge's findings and recommendation. Plaintiff's motion to amend his complaint 34 is DENIED as unnecessary; and Plaintiff shall file an amended complaint against Defendants Cate and Guirbino within twenty-eight (28) days from the date of service of this Order. If no amended pleading is filed within 28 days, the Court will dismiss Plaintiff's complaint with prejudice and will direct the Clerk of the Court to close this case. (Becknal, R)
May 8, 2013
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[DISCHARGED PURSUANT TO 39 ORDER] ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 05/07/13 ordering defendants Matthew Cate and George Guirbino show cause within 21 days from the date of this order why default should not be entered. The clerk of the court shall forward a copy of this order to defendants Matthew Cate and George Giurbino, c/o David Brice, Esq. Office of the Attorney General, PO Box 944255, Sacramento, CA 94244-2550; and the clerk of the court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General. (cc: Monica Anderson, Attorney General) (Plummer, M) Modified on 5/22/2013 (Yin, K).
May 22, 2013
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ORDER signed by Magistrate Judge Allison Claire on 5/21/2013 DISCHARGING the 5/8/2013 order to show cause; and defendants shall file their response to the amended complaint within 21 days.(Yin, K)
August 20, 2013
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ORDER signed by Magistrate Judge Allison Claire on 8/19/13 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the pending motion to dismiss.(Dillon, M)
December 27, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/27/2013 RECOMMENDING that defendants' 40 motion to dismiss be denied to the extent that it seeks dismissal of defendant Giurbino; and the 40 motion to dismiss be granted to the extent that it seeks dismissal of defendant Cate. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days. (Yin, K)
February 5, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr on 2/4/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 12/27/13 44 are ADOPTED in full; Defendants' MOTION TO DISMISS 40 is DENIED to the extent that it seeks dismissal of Defendant Giurbino; The MOTION TO DISMISS 40, is GRANTED to the extent that it seeks dismissal of Defendant Cate; and Defendant Giurbino shall file an answer to Plaintiff's First Amended Complaint within twenty eight days of the filing date of this order. Matthew Cate TERMINATED.(Mena-Sanchez, L)
October 3, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/3/14 ORDERING that plaintiffs motion 54 to withdraw ECF No. 51 is GRANTED, and therefore ECF No. 51 is hereby WITHDRAWN.(Dillon, M)
October 27, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/24/14 granting 62 Motion for second modification of the discovery and scheduling order. Defendant shall have until 1/09/15 to file a dispositive motion. (Plummer, M)
December 23, 2014
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ORDER signed by Magistrate Judge Allison Claire on 12/22/14 denying 55 Motion to Appoint Counsel and for certification of a class. (Plummer, M)
January 16, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 1/15/2015 DENYING 65 Plaintiffs Motion for Reconsideration. (Reader, L)
January 30, 2015
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ORDER signed by Magistrate Judge Allison Claire on 1/30/15 GRANTING 69 Motion; Defendant shall have until February 13, 2015 to file a dispositive motion.(Dillon, M)
March 13, 2015
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ORDER signed by Magistrate Judge Allison Claire on 03/13/15 ordering that within 21 days after the filing date of this order, plaintiff shall file and serve an opposition to the motion for summary judgment or a statement of non-opposition. (Plummer, M)
July 22, 2015
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ORDER signed by Magistrate Judge Allison Claire on 07/21/15 ordering defendant shall within 14 days after the filing date of this order, file and serve a supplemental brief to defendants' motion for summary judgment limited to the merits of plaintiff's RLUIPA claim. Plaintiff shall within 14 days after service of defendant's supplemental brief, file and serve an opposition thereto, limited to the merits of plaintiff's RLUIPA claims. Defendant may, within 3 days after service of plaintiff's opposition, file and serve a reply brief. No extensions of time in this briefing schedule will be granted absent a compelling showing of good cause. (Plummer, M)
September 10, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/9/15 RECOMMENDING that defendants motion for summary judgment, ECF No. 72, be granted in part and denied in part as follows: GRANTED on plaintiffs claim under the Establishment Clause of the FirstAmendment; GRANTED on plaintiffs claims for money damages under the Free Exercise Clause of the First Amendment, and the Equal Protection Clause of the Fourteenth Amendment; DENIED on plaintiffs claims for declaratory and prospective injunctive relief under the Free Exercise Clause of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, and the Religious Land Use and Institutionalized Persons Act (RLUIPA), upon which this action should proceed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
September 30, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 9/30/2015 ORDERING that the 85 findings and recommendations are ADOPTED in full. Defendant's 72 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. (Zignago, K.)
October 13, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/9/2015 APPOINTING counsel to represent plaintiff; and the Clerk shall contact Sujean Park, ADR Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept the appointment described herein. (cc: ADR) (Yin, K)
January 14, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/14/16 recommending that plaintiff's motion for preliminary injunctive relief 90 be denied. MOTION for PRELIMINARY INJUNCTION 90 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
February 17, 2016
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ORDER signed by Chief Judge Morrison C. England, Jr on 2/17/16: The Findings and Recommendations 91 are ADOPTED IN FULL. Plaintiff's Motion for Preliminary Injunctive Relief 90 is DENIED. (Kaminski, H)
March 14, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/11/16 recommending that plaintiff's motion for preliminary injunctive relief 93 be denied. MOTION for PRELIMINARY INJUNCTION 93 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
April 21, 2016
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ORDER ADOPTING 94 FINDINGS AND RECOMMENDATIONS in full signed by Chief Judge Morrison C. England, Jr. on 04/20/16 ORDERING that plaintiff's 93 Motion for Preliminary Injunction is DENIED. (Benson, A)
December 30, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/29/16 recommending that this action be dismissed without prejudice for failure to prosecute. The clerk of the court be directed to close this case. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
January 24, 2017
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ORDER signed by Magistrate Judge Allison Claire on 1/23/17 ordering the undersigned's findings and recommendations filed 12/30/16 101 are vacated. On or before 2/10/17, plaintiff shall file and serve his opposition to defendant's pending motion for summary judgment. Within 7 days after plaintiff's opposition has been filed in CM/ECF, defendant: a) may file and serve a reply, and b) shall file and serve a statement indicating whether he is amendable to convening a settlement conference to resolve plaintiff's remaining requests for injunctive relief. (Plummer, M)
February 23, 2017
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ORDER signed by Magistrate Judge Allison Claire on 2/22/2017 ORDERING, on or before 3/10/2017, plaintiff shall file his opposition to defendant's pending 99 motion for summary judgment; within 7 days after plaintiff's opposition has been filed in CM/ECF, defendant: (a) may file and serve a reply, and (b) shall file and serve a statement indicating whether he is amenable to convening a settlement conference to resolve plaintiff's remaining requests for injunctive relief. (Yin, K)
August 9, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/08/17 recommending that defendant's motion for summary judgment 99 be granted on the ground that this action has been rendered moot. MOTION for SUMMARY JUDGMENT 99 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
August 17, 2017
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ORDER signed by Magistrate Judge Allison Claire on 8/16/2017 DENYING without prejudice 111 Motion to Modify the Discovery and Scheduling Order. Plaintiffs motion and evidence will be construed as objections to the findings and recommendations, and considered in tandem with any other objections filed by plaintiff. (Henshaw, R)