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11-2659 - (PC) O'Keefe v. Cate


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11-2659 - (PC) O'Keefe v. Cate
October 20, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/11 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
December 7, 2011
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/06/11 ordering that within 14 days of the date of this order, plaintiff shall show cause why this action should not be dismissed for his failure to file an in forma pauperis application or pay the filing fee. (Plummer, M)
January 6, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/2012 ORDERING that plaintiff's 14 request to proceed IFP is GRANTED; plaintiff to pay the $350.00 filing fee with an initial partial filing fee in accordance to the concurrent CDC order; the clerk to send plaintiff a civil rights form; and plaintiff has 30 days to file a complaint on the form sent to him by the clerk. (Yin, K)
January 6, 2012
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Timothy O'Keefe signed by Magistrate Judge Kendall J. Newman on 1/5/2012. CDC is to collect an initial partial filing fee and thereafter the balance 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)
May 1, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/30/12 denying 9 Motion for injunctive relief. (Plummer, M)
May 31, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/30/12 DENYING without prejudice 35 Motion for an additional USM-285 form. (Dillon, M)
July 18, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/12 ORDERING that the portion of the 41 order directing the United States Marshal to serve Chief Psychologist Belavich is VACATED; the United States Marshal shall proceed to serve Chief Psychiatrist Karen Higgins; Defendant Chief Psychologist is DISMISSED; If plaintiff intends to name Director of Mental Health Timothy Belavich as a defendant, he must file a motion to amend and proposed amended complaint naming Director of Mental Health Timothy Belavich as a defendant; and the Clerk of the Court is directed to serve a copy of this order on the United States Marshal. (cc USM)(Dillon, M)
July 20, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2012 DISREGARDING plaintiff's 13 letter requesting injunctive relief. (Yin, K)
July 25, 2012
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ORDER denying 51 Plaintiff's Motion to Appoint Counsel, signed by Magistrate Judge Kendall J. Newman on 7/24/12. (Kastilahn, A)
August 10, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/10/12 ORDERING that 55 request for service of additional defendants.(Dillon, M)
January 2, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/28/12 ORDERING that Defendants request for judicial notice 47 is granted; Defendants July 5, 2012 motion to dismiss 46 is granted; Defendant Higgins October 23, 2012 motion to dismiss 66 is granted; Plaintiffs second amended complaint 21 is dismissed with 30 days leave to amend.(Dillon, M)
February 8, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/7/13 RECOMMENDING that plaintiffs February 4, 2013 motion 75, construed as a motion for temporary restraining order, be denied without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
May 6, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/13 ORDERING that plaintiffs third amended complaint is DISMISSED with 30 days leave to file a fourth amended complaint. (Dillon, M)
July 31, 2013
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ORDER signed by Judge Kimberly J. Mueller on 7/30/2013 ADOPTING, in full, 76 Findings and Recommendations; DENYING, without prejudice, 75 Motion for Preliminary Injunction construed as a Motion for Temporary Restraining Order. (Michel, G) Modified on 8/1/2013 (Michel, G).
September 18, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/13 granting 90 Motion to Stay. This action is administratively stayed until 11/16/13, or if plaintiff notifies the court that he has been returned to the R.J. Donovan Correctional Facility prior to that time. (Plummer, M)
September 25, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/2013 ORDERING the Clerk shall serve a copy of plaintiff's 93 motion for injunctive relief on counsel of record, Aldo S. Zilli, and Supervising Deputy Attorney General Monica N. Anderson; within 3 days, defendants shall file a status report addressing plaintiff's mental health status. (cc: Monica Anderson)(Yin, K)
December 20, 2013
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action without prejudice; the court will screen a fourth amended complaint; defendants shall file either a statement of opposition or non-opposition to a motion to voluntarily dismiss within 14 days of its filing. (Plummer, M) Modified on 12/23/2013 (Plummer, M).ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/13 denying motions to stay 101,109. Plaintiff is granted 30 days to file either a fourth amended complaint addressing the conditions at Corcoran or a motion to voluntarily dismiss this
January 29, 2014
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{VACATED PER 173] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/29/14 recommending the dismissal of the following claims and defendants: 1) plaintiff's claim seeking systemic changes regarding California Department of Corrections and Rehabilitation's treatment of inmates with voyeurism and exhibitionism; 2) plaintiff's claim alleging that his failure to receive mental health care violated his right to due process; 3) plaintiff's claim that defendants' failure to return him to R.J. Donovan Correctional Facility was retaliatory and violated his constitutional rights; 4) defendant Brown, Cate, Beard, Higgins, Paramo, Seibel, Greenwald, McCarthy and Shuman. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
April 2, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/2014 ORDERING that plaintiff's 125 motion for access to his legal property is DENIED. (Zignago, K.)
May 1, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/1/2014 RECOMMENDING that plaintiff's 134 motion for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
June 9, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/14 ORDERING that plaintiffs request for production of documents 140 will be placed in the court file and disregarded.(Dillon, M)
June 25, 2014
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ORDER denying 141 Motion for law library access signed by Magistrate Judge Kendall J. Newman on 06/25/14. (Plummer, M)
July 9, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/09/14 denying 146 Motion to Appoint Counsel. The clerk of the court is directed to serve a copy of plaintiff's 07/07/14 letter 145 on defendants. (Plummer, M)
July 23, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/23/14 ordering the clerk of the court is directed to serve a copy of plaintiff's 07/14/14 letter 153 on defendants. (Plummer, M)
July 31, 2014
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ORDER adopting 136 FINDINGS AND RECOMMENDATIONS in full signed by Judge Kimberly J. Mueller on 7/30/14: Plaintiff's motion for injunctive relief 134 is denied and the case is referred back to the magistrate judge for further proceedings. (Kaminski, H)
October 24, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/14 ORDERING that Plaintiff is granted 30 days from the date of this order to file a fifth amended complaint raising claims regarding his alleged failure to receive treatment for voyeurism and exhibitionism at Soledad; defendants are not required to respond to the fifth amended complaint until ordered by the court; if plaintiff does not file a fifth amended complaint within that time, the undersigned will recommend that this action be dismissed as moot; Defendants motion to dismiss 135 is vacated; Plaintiffs motion to substitute the new warden of Corcoran as a defendant 133 is denied as unnecessary; and Plaintiffs motions to amend and motion for a stay 162, 165 are disregarded as the court has granted plaintiff thirty days to file a fifth amended complaint.(Dillon, M)
January 23, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/23/15 ordering within 30 days of the date of this order, defendant Belavich shall file a response to those claims in the fifth amended complaint found potentially colorable above. Within 10 days of the date of this order, counsel for defendant Belavich shall inform the court whether they will accept service on behalf of defendants Spearman, Sirkin, Wynn, Howlin and Silva. Within 30 days of the date of this order, defendants shall file a response to the merits of plaintiff's request to be transferred to either Coalinga State Hospital or Atascadero State Hospital. The 1/29/14 findings and recommendations 116 are VACATED. (Plummer, M) Modified on 1/26/2015 (Plummer, M).
January 23, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/23/15 recommending that defendants Hoffman, Heatsie, Bonilla, Brown and Beard and plaintiff's claim alleging a violation of due process based on defendants' failure to transfer him to RJDCF be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
March 12, 2015
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/12/15 ORDERING that within five days of the date of this order, defendants shall show cause why sanctions should not be imposed for their failure to file a response to Plaintiff's request for a transfer on or before 3/6/15.(Mena-Sanchez, L)
March 19, 2015
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ORDER signed by Judge Kimberly J. Mueller on 3/18/15 ORDERING that Plaintiff's MOTION for Extension of time 177 is DENIED; The FINDINGS AND RECOMMENDATIONS filed 1/23/15 174 are ADOPTED in full; and Defendants Hoffman, Heatsie, Bonilla, Brown and Beard and Plaintiff's claim alleging a violation of due process based on Defendants' failure to transfer him to RJDCF are DISMISSED. (Mena-Sanchez, L)
April 29, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/28/15 ORDERING that the 194 Motion to Appoint Counsel is DENIED without prejudice (cc: USCA). (Benson, A)
April 29, 2015
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 04/28/15 ORDERING that within 10 days, defendant Belavich shall show cause why sanctions should not be imposed for his failure to file a response to the fifth amended complaint in compliance with the 173 01/23/15 Order. (Benson, A)
May 14, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/14/2015 DENYING withiout prejudice plaintiff's 205 motion for appointment of counsel. (Yin, K)
May 14, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/14/2015 RECOMMENDING that plaintiff's 203 motion for injunctive relief be denied. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
May 29, 2015
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ORDER denying 210 Motion to Appoint Counsel signed by Magistrate Judge Kendall J. Newman on 05/29/15. (Plummer, M)
June 19, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/19/15 recommending that plaintiff's motion to stay 212 and plaintiff's motion for the court to put his transfer on hold 215 construed as a motion for injunctive relief be denied. Motions 212 and 215 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
June 26, 2015
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ORDER vacating 93 Motion for Preliminary Injunction signed by Magistrate Judge Kendall J. Newman on 06/26/15. (Plummer, M)
September 8, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2015 ORDERING that within 10 days, defendants shall file a status report addresssing the status of their settlement negotiations with plaintiff (although the do not need to reveal any confidential information), and the impact of plaintiff's proposed transfer to SVSP on the settlement negotiations.(Yin, K)
October 1, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/01/15 granting 225 Motion to extend the discovery deadline. The discovery deadline is reset to 12/31/15. The dispositive motion deadline is extended to 3/31/16. Plaintiff's motion for appointment of counsel 226 is denied. Plaintiff's motion for leave to file a sixth amended complaint 230 is denied. (Plummer, M)
October 1, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/01/15 recommending that plaintiff's motion for injunctive relief 223 be denied without prejudice. MOTION for PRELIMINARY INJUNCTION 223 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
October 22, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/15 denying 238 Motion to Appoint Counsel and for law library access. (Plummer, M)
January 14, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/14/16 ordering plaintiff's motion to enjoin defendant Muniz as a defendant 244 is denied. Plaintiff's motion for appointment of an expert witness 245 is denied. Plaintiff's request that the court order defendants to respond to his request for production of documents 246 is denied. Plaintiff's motion for appointment of counsel 249 is denied. (Plummer, M)
January 21, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 1/20/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/1/15 234 are ADOPTED in full; and Plaintiff's MOTION for Preliminary Injunction 223 is DENIED without prejudice. (Mena-Sanchez, L)
February 4, 2016
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ORDER ADOPTING 5/14/2015 209 and 6/19/2015 217 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Kimberly J. Mueller on 2/3/2016. Plaintiff's 5/6/2015 203 Motion for Injunctive Relief is DENIED. Plaintiff's 6/26/2015 221 Motion for Extension of Time is DENIED as UNNECESSARY. Plaintiff's 5/28/2015 212 Motion and plaintiffs 6/11/2015 215 Motion for Court to put his transfer on hold, construed as a Motion forInjunctive Relief, are DENIED. Requests for Appointment of Counsel contained in plaintiff's 6/24/2015 219 and 6/29/2015 222 Objections are DENIED. (Marciel, M)
July 25, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/25/16 ORDERING that the Deputy Director of the CDCR Statewide Mental Health Program who replaced defendant Belavich is substituted in his place as a defendant pursuant to Federal Rule of Civil Procedure 25. Also, RECOMMENDING that defendants' summary judgment motion 257 be granted but for plaintiff's claim for injunctive relief against defendants Sirkin, Howlin and the Deputy Director of the CDCR Statewide Mental Health Program. MOTION for SUMMARY JUDGMENT 257 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
September 29, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 9/29/2017 ADOPTING 272 Findings and Recommendations; GRANTING 257 Motion for Summary Judgment as to the plaintiff's Eighth Amendment claims against all defendants in their individual capacities, including the plaintiff's claim for punitive damages, and as to the plaintiff's claims against Defendants Spearman and Silva in their official capacities; ORDERING that this case proceed solely on the plaintiff's claim for injunctive relief against Defendants Deputy Director of CDCR Statewide Mental Health Program (Belavich), Sirkin, Wynn and Howlin in their official capacities; REFERRING this matter back to Magistrate Judge Kendall J. Newman for further proceedings. (Michel, G.)
October 24, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/2017 DENYING 283 Motion for the Appointment of Counsel and ORDERING Defendants to file, within 30 days of the date of this order, a supplemental summary judgment motion, as discussed in this order. (Henshaw, R)
December 12, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/17 ORDERING that the Clerk of the Court is directed to serve plaintiff's letter filed 11/27/17 287 on Supervising Deputy Attorney General Christopher Becker. (cc: Christopher Becker, Attorney General) (Plummer, M)
January 10, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/2018 GRANTING 292 Motion for Extension of Time. Plaintiff to have up to and including 3/15/2018 in which to file an opposition to 291 Motion for Summary Judgment. (Henshaw, R)
April 9, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/9/2018 RECOMMENDING defendants' 291 motion for summary judgment be granted as to defendant Wynn, and defendants' summary judgment motion be denied in all other respects. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
April 11, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/11/18 ORDERING that within thirty days from the date of this order, the parties shall file the attached notice, informing the court whether they waive disqualification for the undersigned to hold the settlement conference, or whether they choose to have the settlement conference held by a different judge. Plaintiff shall also indicate his preference to appear in person or by videoconference, if available. (Plummer, M)
May 1, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/1/2018 GRANTING 298 Motion for Extension of Time. Plaintiff granted up to and including 6/4/2018 in which to file objections to 296 Findings and Recommendations. (Henshaw, R)
August 15, 2018
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this order, and if plaintiff's return to CTF is to occur before that time, defendants to notify the court and file the written evaluation before plaintiff's transfer. (Henshaw, R)ORDER signed by Magistrate Judge Kendall J. Newman on 8/14/2018 ORDERING Clerk of Court to serve 308 on defendants and ORDERING defendants to file the written evaluation by the CHCF clinician discussed in this order, within 14 days of the date of
August 15, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 08/15/18 ORDERING the Custodian to produce Timothy O'Keefe on 9/11/18 at 1:30 p.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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: OTCD)(Plummer, M)
August 29, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/2018 DENYING 313 Motion to Appoint Counsel to Represent Plaintiff at Settlement Conference. Upon receipt of this order, defendants shall immediately direct officials at CHCF to provide plaintiff with access to his legal property related to this action; on or before 9/4/2018, defendants shall file a status report addressing plaintiffs access to his legal property. (Henshaw, R)