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11-3319 - (PC) Penton v. Hubar, et al


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11-3319 - (PC) Penton v. Hubar, et al
December 14, 2011
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[FILED IN PURSUANT TO ORDER IN 11-CV-518]ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/11 ordering plaintiff's 11/18/11 motion for reconsideration is partially granted. Upon reconsideration, the 10/31/11 order 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. (Plummer, M) Modified on 12/14/2011 (Plummer, M).
March 28, 2012
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 3/27/12 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Anthony Penton to the clerk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order 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)
May 11, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/10/12 ORDERING that plaintiffs claims against defendants Walker, Craig, and Donnelly are DISMISSED without prejudice. (Dillon, M)
October 10, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/10/12 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on plaintiffs failure to comply with these rules and a court order. Said failure shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Dillon, M)
January 31, 2013
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s due process rights were violated because the hearing officer at the RVR hearing was not impartial be dismissed without prejudice. As to plaintiffs remaining two claims, defendants' motion to dismiss be denied. Defendants be directed to file an answer within fourteen days from any district court order adopting the instant findings and recommendations. Motion referred to Judge Garland E. Burrell, Jr. Objections to F&R due within 14 days. (Zignago, K.) Modified on 3/19/2013 (Yin, K).[F&R VACATED PURSUANT TO 33 ORDER] ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/30/2013 ORDERING that the Clerk of the Court is directed to assign a district judge to this case. (New case number 2:11-cv-3319-GEB-KJN-P). IT IS RECOMMENDED that Defendants' 18 motion to dismiss be granted in part: Plaintiff's claim that he was denied due process prior to his placement in administrative segregation be dismissed; Plaintiff's claim that hi
March 19, 2013
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ORDER AND AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/18/2013 VACATING the 1/31/13 findings and recommendations 28 ; and RECOMMENDING that defendants' 18 motion to dismiss be granted in part and denied in part as stated in these findings and recommendations; if plaintiff desires to do so, plaintiff be directed to file a motion to amend, along with a second amended complaint, within 30 days of any district court adopting the instant findings and recommendations; and defendants' obligation to answer claims not dismissed by the district court be suspended pending resolution of plaintiff's motion to amend. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days.(Yin, K) Modified on 3/21/2013 (Yin, K).
May 31, 2013
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ORDER signed by District Judge Troy L. Nunley on 5/30/2013 ADOPTING, in full, 33 Findings and Recommendations; GRANTING IN PART 18 Motion to Dismiss; DISMISSING Plaintiff's claim that he was denied due process prior to his initial placement in administrative segregation; DISMISSING Plaintiff's claim that his due process rights were violated based on the untimely rules violation report (RVR) hearing; DISMISSING WITHOUT PREJUDICE Plaintiff's claim that his due process rights were violated because the hearing officer at the RVR hearing was not impartial; DENYING 18 Motion to Dismiss as to Plaintiff's claim that his due process rights were violated because Plaintiff was unable to call witnesses at the RVR hearing; ALLOWING Plaintiff to file a Motion to Amend, accompanied by a Second Amended Complaint within 30 days; SUSPENDING Defendant's obligation to answer claims not dismissed by the district court pending resolution of Plaintiff's Motion to Amend. (Michel, G)
September 19, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/18/13 granting 42 Motion to conduct plaintiff's deposition by video conference. (Plummer, M)
January 6, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/3/2014 DENYING plaintiff's 44 motion to amend; DENYING plaintiff's 46 motion to compel discovery; and DENYING plaintiff's 44 motion to reopen discovery. (Yin, K)
February 28, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/28/2014 PARTIALLY GRANTING plaintiff's 49 motion, and discovery is REOPENED for the limited purpose of allowing plaintiff to propound interrogatories and/or a request for production of documents on defendant Sims, in accordance to this order; plaintiff shall FORTHWITH, but no later than 3/28/2014, propound interrogatories and/or a request for production of documents on defendant Sims; and defendant's 50 motion is GRANTED and the 2/7/2014, pre-trial motion deadline is EXTENDED up to and including 7/21/2014. (See Order for Details) (Yin, K)
April 16, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/2014 DENYING, without prejudice, defendant Sims' 52 motion to dismiss; defendant Sims may file, within 30 days, a motion for summary judgment based on plaintiff's alleged failure to exhaust administrative remedies, that includes notice to plaintiff of the requirements for opposing the motion; DENYING, without prejudice, plaintiff's 54 motion to compel; DENYING plaintiff's 56 objections, as untimely; GRANTING, plaintiff's 55 motion for lodgement of exhibits; and DENYING plaintiff's 57 motion for an extension of time to oppose the motion to dismiss, as moot. (Yin, K)
July 18, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/18/14 ordering defendant's motion 67 is granted. If defendant Sims' motion for summary judgment is denied, the parties are granted 21 days from the date the district court denies defendant's motion for summary judgment to file any dispositive motions. (Plummer, M)
November 25, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/25/14 RECOMMENDING that the 59 Motion for Summary Judgment be granted. Motion referred to Judge Troy L. Nunley. Objections due within 14 days. (Manzer, C)