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12-1518 - (PC) McElroy v. Gustafson et al


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12-1518 - (PC) McElroy v. Gustafson et al
June 26, 2012
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rders )(Dillon, M)ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge John F. Moulds on 6/25/12 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Lathahn McElroy 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, CDC Prisoner Payment O
November 28, 2012
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ORDER signed by Magistrate Judge John F. Moulds on 11/27/12 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion to revoke in forma pauperis status or a statement of non-opposition. (Plummer, M)
May 7, 2013
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/7/2013 DIRECTING the Clerk to assign this action to a US District Judge; and RECOMMENDING that defendants' 13 motion to revoke plaintiff's IFP status be denied; and defendants be directed to answer plaintiff's complaint within 10 days from the date of any order by the district court adopting these findings and recommendations. Assigned and Referred to Judge Troy L. Nunley; Objections due within 14 days. (cc: EFB)(Yin, K)
September 12, 2013
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ORDER ADOPTING 25 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 9/9/2013. Defendants' 13 Motion to Revoke plaintiff's in forma pauperis status is DENIED. Defendants shall answer 1 Complaint within 10 days from date of Order. (Marciel, M)
November 19, 2013
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ERING that Plaintiff's deposition be completed within thirty (30) days; ORDERING that Defendants' opposition to 34 Motion for Partial Summary Judgment and Defendants cross-motion, if any, be filed fourteen (14) days after completion of PlORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/19/2013 DENYING 32 Motion to Appoint Counsel; DENYING 36 Rule 56(d) Motion for Extension of Time to Oppose Plaintiff's Motion for Summary Judgment; ORDaintiff's deposition; RECOMMENDING that 28 Motion for Temporary Restraining Order be denied; REFERRING this matter to Judge Troy L. Nunley; ORDERING that any objections be filed within fourteen (14) days. (Michel, G)
November 25, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/25/13 granting 39 Motion to conduct plaintiff's deposition via videoconference. Nothing in thiss order shall be interpreted as requiring the institution in which plaintiff is housed to obtain video conferencing equipment if it is not already available. (Plummer, M)
February 21, 2014
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ORDER signed by District Judge Troy L. Nunley on 2/20/14 ADOPTING IN FULL 38 Findings and Recommendations; DENYING 28 Motion for TRO. (Meuleman, A)
March 25, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/25/2014 GRANTING 46 Motion for leave to supplement their motion for summary judgment with additional evidence and to file an amended statement of undisputed facts. It is further ORDERED that within 21 days of this order, plaintiff shall file an opposition to defendants' cross-motion for summary judgment that complies with the requirements of FRCP 56 and CAED Local Rule 260(b). (Donati, J)
June 25, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/25/2014 DENYING plaitniff's 56 request for appointment of counsel. (Yin, K)
July 11, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/10/2014 ORDERING that a Status Conference is set to address the parties' cross-motions for summary judgment on 8/6/2014 at 11:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; and plaintiff shall appear via videoconference from his current institution of confinement. (Yin, K)
July 11, 2014
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 7/10/2014 ORDERING the custodian to produce Lathahn McElroy P-71922, to testify via video-conferencing at Salinas Valley State Prison at 11:00 A.M. on 8/6/2014; the custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Warden of Salinas Valley State Prison. (cc: I.T.) (Yin, K)
July 23, 2014
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 7/23/14 ORDERING the Custodian to produce Lathahn McElroy via video conferencing at 11:00 am on August 6, 2014 in before Judge Edmund F. Brennan. 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: IT Dept)(Dillon, M)
January 6, 2015
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ORDER denying 81 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 1/05/15. (Plummer, M)
January 9, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/08/15 recommending that plaintiff's motion for summary judgment 34 be denied. Defendants' motion for summary judgment 44 be denied as to Gustafson, but granted as to Robertson, Deems and Virga. Plaintiff's Supplemental motion to summary judgment 72 be denied. Defendants' motion to strike plaintiff's supplemental motion 73 be denied. Plaintiff's motion for rebuttal of defendant's motion to strike 78 be denied; and plaintiff's motion for a preliminary injunction 74, 79 be denied. Motions 34, 44, 72, 73, 74, 78 and 79 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
March 12, 2015
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ORDER signed by District Judge Troy L. Nunley on 3/11/2015 FINDINGS AND RECOMMENDATIONS 83 are ADOPTED in FULL; Plaintiff's 34 Motion for Summary Judgment is DENIED; Defendants' 44 Motion for Summary Judgment is DENIED as to Gustafson, but GRANTED as to T. V. Virga, B. Deems and Robertson; Plaintiff's 72 Supplemental Motion for Summary Judgment is DENIED; Defendants' 73 Motion to Strike plaintiff's supplemental motion is DENIED; Plaintiff's 78 Motion for Rebuttal of defendant's motion to strike is DENIED; Plaintiff's 74, 79 Motion for Preliminary Injunction is DENIED; and this action proceeds solely as to Plaintiff's Eight Amendment claims against Gustafson. (Reader, L)
March 16, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 03/16/15 ordering the parties to this action shall each, no later than 30 days from the date of this order, submit confidential statements as described below. (See order for further details)(cc: ADR Director)(Plummer, M)
June 2, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/01/15 ordering within 30 days of the date of this order, plaintiff shall filed and serve a pretrial statement and any motions necessary to obtain the attendance of witnesses at trial. Defendants shall file a pretrial statement not later than 30 days after the filing of plaintiff's statement. The pretrial conference will be conducted on the file only without appearance by either party. The date of jury trial before a district judge will be set in the pretrial order. (Plummer, M)
June 2, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/02/15 ordering that plaintiff's motion 90 is denied without prejudice to filing a motion that complies with local rule 220 and sets forth a basis for the changes to the complaint. (Plummer, M)
June 3, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/3/2015 DENYING plaintiff's 93 request for appointment of counsel. (Yin, K)
August 25, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 08/25/15 ordering plaintiff's request for a summons 97 is denied. Plaintiff's request for appointment of counsel 100 is denied. Plaintiff shall file a pretrial statement within 30 days from the date of this order. (Plummer, M)
September 22, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/22/2015 RECOMMENDING that plaintiff's 98 motion for leave to amend be denied. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
October 7, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/06/15 denying 107 Motion to Appoint Counsel. The court notes that plaintiff's pretrial statement, which was originally due on 7/02/15, must be filed no later than 10/22/15. (Plummer, M)
December 8, 2015
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ORDER signed by District Judge Troy L. Nunley on 12/4/15 ORDERING that the findings and recommendations filed 9/22/15, are adopted in full; and Plaintiff's motion for leave to amend (ECF No. 98) is denied. (Becknal, R)
January 20, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/20/16 ordering the court will grant plaintiff another 30 days within which to prepare and file another pretrial statement. In light of the previous 21 days in which a statement was not submitted, the court is not inclined to extend this time any further. (Plummer, M)
May 17, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/17/16 RECOMMENDING that this action be dismissed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)