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12-2552 - (PC) Springfield v. Unknown


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12-2552 - (PC) Springfield v. Unknown
October 12, 2012
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/12/12 ORDERING that Supervising Deputy Attorneys General Monica Anderson and/or Jennifer Neill must contact the warden of California Medical Facility - Vacaville (apparently, Vimal Singh)forthwith to investigate Inmate Springfield's status and ascertain that he is not in imminent danger of carrying out his suicide threat; and Ms. Anderson and/or Ms. Neill are to inform the court of Mr. Springfield's status by no later than Monday, October 15, 2012. (cc Ms. Anderson and Ms. Neill)(Matson, R)
December 6, 2012
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ORDER signed by Magistrate Judge Allison Claire on 12/06/12 denying without prejudice 1 plaintiff's emergency motion. Plaintiff is granted 30 days from the date of this order to file a complaint. The clerk of the court is directed to send plaintiff the court's form for filing a civil rights action and the application to proceed in forma pauperis by a prisoner. (Plummer, M)
January 23, 2013
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ORDER signed by Magistrate Judge Allison Claire on 1/18/13 ORDERING that 11 Motion to Proceed IFP is GRANTED; Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. The complaint is DISMISSED with leave to file an amended complaint within 28 days from the date of service of this order. Any amended complaint must not exceed thirty pages in length (not counting exhibits). Plaintiff's 15 Motion to Appoint Counsel is DENIED.(Dillon, M)
January 23, 2013
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Allison Claire on 1/18/13 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Ciron B. Springfield 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 Orders )(Dillon, M)
July 22, 2013
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ORDER signed by Magistrate Judge Allison Claire on 07/19/13 ordering Plaintiff's first amended complaint is 103 pages in length including exhibits 21. However, the body of the first amended complaint is compromised of 24 pages. Therefore, plaintiff need only provide to the court, in addition to the copy the court has previously provided to plaintiff, 16 copies of the first 24 pages of his first amended complaint in order for the court to be able to orders service upon the defendants. He must provide only 1 completed summons itself, as well as the completed USM-85 forms. If plaintiff cannot obtain the requisite copies of the first amended complaint by contacting the prison official responsible for ensuring that inmates at plaintiff's institution retain their ability to access the courts, then plaintiff must provide the name and location of any such individual to the court and the reason stated for denying plaintiff's copies. The clerk of the court will also provide plaintiff with information regarding the process and cost for the clerk's office to provide copies of documents.(Plummer, M)
January 28, 2014
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RELATED CASE ORDER signed by Judge Kimberly J. Mueller on 1/24/14 ORDERING that that the action denominated as No. 2:13-cv-0809 KJN P is reassigned to District Judge Kimberly J. Mueller and Magistrate Judge Allison Claire for all further proceedings. Henceforth, the caption on documents filed in the reassigned case shall be shown as No. 2:13-cv-0809 KJM AC P and any and all dates currently set before the Honorable Kendall J. Newman only are hereby vacated. IT IS FURTHER ORDERED that the Clerk make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Kastilahn, A)
April 10, 2014
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ORDER signed by Magistrate Judge Allison Claire on 04/09/14 vacating 35 Motion to Dismiss and denying 49 Motion to strike plaintiff's surreply. Defendants may within 14 days bring a motion for summary judgment pursuant to FRCP 56 on the issue of administrative exhaustion. In doing so, defendants must provide plaintiff with notice required under Rand v. Rowland. Defendants may within 14 days, re-file that portion of the vacated motion brought pursuant to Rule 12(b)(6), a separate motion or in combination with any motion for summary judgment regarding the exhaustion of administrative remedies. (Plummer, M)
April 30, 2014
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ORDER signed by Magistrate Judge Allison Claire on 4/29/2014 ORDERING that Defedants have until 5/1/2014, to file and serve the Motion to Dismiss under FRCP 12(b)(6). (Waggoner, D)
July 14, 2014
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ORDER signed by Magistrate Judge Allison Claire on 7/14/14 ORDERING that Plaintiff's motions for an extension of time (ECF No. 58 and 59) are granted; Plaintiff is granted sixty days from the date of this order in which to file a response to the motion for summary judgment and to the motion to dismiss. Defendants' reply, if any, shall be filed within seven days thereafter. (Becknal, R)
August 12, 2014
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ORDER signed by Magistrate Judge Allison Claire on 8/12/14 ORDERING that Defendants motion for a protective order, ECF No. 65 in No. 2:12-cv-2552 KJM AC P, seeking a stay of discovery pending resolution of the motion for summary judgment on grounds of a failure to exhaust administrative remedies and the motion to dismiss for failure to state a claim is granted; and, Defendants motion for an extension of time to respond to plaintiffs request for production of documents, ECF No. 69 in Case No. 2:12-cv-2552, is denied as moot.(Dillon, M)
August 14, 2014
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ORDER signed by Magistrate Judge Allison Claire on 8/13/2014 DENYING the 31 motion to consolidate cases, without prejudice to its renewal upon adjudication of the motions at ECF Nos. 51 and 54 in Case No. 2:12-cv-2552. (Yin, K)
March 24, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/24/15 ORDERING defendants motion 75 to strike plaintiff's surreplies is granted; plaintiff's surreplies 72, 74 are stricken. The clerk of the court is directed to correct the spelling of defendant O'Brian's name on the docket. Also, RECOMMENDING that defendants' motion for summary judgment 51 be granted in part and denied in part: Defendants Wofford, Cromwell, Duffy, Meier, O'Brian, Konrad and Villasenor be dismissed from this action without prejudice on the ground that plaintiff failed to exhaust his administrative remedies against them. Defendants' motion to dismiss 54 be granted in part and denied in part. This action proceed on plaintiff's due process and deliberate indifference claims against defendants Allen, Singh, Arnold, Lee, Hernandez, Clemons, Williams, Romero and Mebane, as construed by the findings and recommendations. Plaintiff be granted 30 days after the final decision on these findings and recommendations to file and serve, if he so chooses, a second amended complaint that is limited to the defendants and claims identified herein. If plaintiff chooses not to file a second amended complaint, this action should proceed on the first amended complaint as construed by the findings and recommendations. Motions 51, 54 referred to Judge Kimberly J. Mueller. Objections due within 21 days. (Plummer, M)
April 23, 2015
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ORDER signed by Magistrate Judge Allison Claire on 4/22/15 ORDERING that 77 Motion for Extension of time is GRANTED. Defendants have until May 14, 2015, to file and serve their objections.(Dillon, M)
September 30, 2015
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ORDER signed by Judge Kimberly J. Mueller on 9/29/15 adopting in full, with the minor corrections 76 FINDINGS AND RECOMMENDATIONS: Defendants' motion for summary judgment 51 is granted in part and denied in part. Defendants' motion to dismiss 54 is granted in part and denied in part. Plaintiff is granted thirty days after service of this order to file and serve, if he so chooses, a Second Amended Complaint. This matter is referred back to the magistrate judge for further proceedings. (Kaminski, H)
October 7, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/06/15 granting 80 Motion to Appoint Counsel. The 30 days deadline for plaintiff to file a second amended complaint or choose to proceed on the First Amended Complaint 87 at 5 is vacated. The clerk of court is directed to contact Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept the limited appointment described herein. (cc: Sujean Park, ADR Director) (Plummer, M)
October 23, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/22/15 denying 89 Motion to Appoint Counsel. The Clerk of Court is directed to send plaintiff, together with a copy of this order, a copy of the court's order filed 10/07/15 88. (Plummer, M)
October 28, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/28/16 ORDERING that Carter C. White is appointed as counsel in this case for the limited purposes noted. Appointed counsel shall file and serve a Second Amended Complaint within 60 days after the filing date of this order, subject to extension upon a showing of good cause. Carter C. White's appointment will terminate within 30 days after the Second Amended Complaint is filed and served, unless extended by the court upon the request of counsel, or pursuant to counsels agreement upon request of the court. Appointed counsel shall notify Sujean Park at 916- 930-4278, or via email at [email protected], if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Carter C. White.(Dillon, M)
December 28, 2016
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/28/16 ordering plaintiffs deadline to file the Second Amended Complaint in this matter is extended to on or before January 26, 2017.(Plummer, M) Modified on 12/29/2016 (Plummer, M).
February 10, 2017
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ORDER signed by Magistrate Judge Allison Claire on 2/10/17 ORDERING that defendants Allen, Arnold, Clemons, Hernandez, Lee, Mebane, Romero, Singh, and Williams' deadline to file a response to the Second Amended Complaint in this matter is extended to March 10, 2017. (Dillon, M)
February 13, 2017
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ORDER signed by Magistrate Judge Allison Claire on 2/10/17 ordering that the appointment of Carter C. White as plaintiff's legal representative is extended through 3/17/17. The court will revisit the status of counsel at that time. (Plummer, M)
March 2, 2017
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ORDER signed by Magistrate Judge Allison Claire on 03/02/17 ordering the appointment of Carter C. White as plaintiffs legal representative is extended until further order of this court. Defendants response to plaintiffs Second Amended Complaint shall be due on April28, 2017. This deadline may be further extended by stipulation of the parties, for a period not to exceed fourteen additional days, should settlement negotiations extend beyond the date of the conference.(Plummer, M) Modified on 3/2/2017 (Plummer, M).
March 2, 2017
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ORDER signed by Magistrate Judge Allison Claire on 03/02/17 ordering ( Settlement Conference set for 4/14/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Each party shall provide a Confidential Settlement Statement to the following emailaddress: [email protected] not later than April 7, 2017. If a party desires to share additional confidential information with the Court, he may do so pursuant to the provisions of Local Rule 270(d) and (e). Parties are also directed to file a Notice of Submission of Confidential Settlement Statement (See L.R. 270(d)). (cc: CKD) (Plummer, M) Modified on 3/2/2017 (Plummer, M).
March 2, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Allison Claire on 03/02/17 ordering the Custodian to produce Ciron B. Springfield on 4/14/17 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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 and Out-to-Court Desk. (cc: CKD and OTCD)(3 certified copies of this writ sent to the Warden, at California Medical Facility) (Plummer, M)
April 17, 2017
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ORDER signed by Magistrate Judge Allison Claire on 04/14/17 ordering that defendants' response to plaintiff's response to plaintiff's second amended complaint shall not be due until further order of this court. (Plummer, M)
April 17, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUE signed by Magistrate Judge Carolyn K. Delaney on 4/17/17 ordering the Custodian to produce Ciron B. Springfield on 5/15/17 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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 this order on the Custodian and Out-to-Court Desk. (cc; OTCD and CKD)(3 certified copies of this writ sent to the Warden, CMF) (Plummer, M) Modified on 4/17/2017 (Plummer, M).
May 17, 2017
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[VACATED PURSUANT TO AMENDED WRIT 115]ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Carolyn K. Delaney on 5/16/2017 ORDERING the Custodian to produce Ciron B. Springfield at 9:30 a.m. on 6/7/2017 in Courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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 and Out-to-Court Desk. (cc: OTCD and CKD) (3 Certified copies of Writ sent to Warden at CMF) (Henshaw, R) Modified on 5/26/2017 (Plummer, M).
May 25, 2017
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[DISREGARD-DUPLICATE OF ORDER AND WRIT 112]ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 05/25/17 ordering the Custodian to produce Ciron B. Springfield on 6/07/17 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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 and Out-to-Court Desk. (cc: OTCD)(3 certified copies of writ sent to the Warden, CSP-SAC)(Plummer, M) Modified on 5/25/2017 (Plummer, M). Modified on 5/25/2017 (Plummer, M). Modified on 5/26/2017 (Plummer, M).
May 26, 2017
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AMENDED ORDER AND WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 05/25/17 ordering the Custodian to produce Ciron B. Springfield on 6/07/17 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. 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 on the Custodian and Out-to-Court Desk. (cc: OTCD and CKD)(3 certified copies of writ sent to the Warden, CSP-SAC) (Plummer, M)
November 9, 2017
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ORDER signed by Magistrate Judge Allison Claire on 11/08/17 ORDERING that within 14 days after the filing date of this order, plaintiff shall file and serve a statement informing the court whether or not he opposes Mr. Carter's motion to withdraw. (Plummer, M)
November 9, 2017
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/09/17 ORDERING the time for filing dispositional documents in this case is extended to 02/02/18. (Plummer, M)
December 5, 2017
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ORDER signed by Magistrate Judge Allison Claire on 12/5/2017 GRANTING Mr. White's 124 motion to withdraw his appointment as pro bono legal counsel for plaintiff. Effective immediately, Mr. White's appointment is VACATED, and plaintiff shall now represent himself in propria persona. Mr. White is DIRECTED to apply for reimbursement of his costs in this case from the court's nonappropriated funds. Plaintiff's 123 motion for an order to preclude counsel's reimbursement of costs from the prospective settlement funds is DENIED as moot. The hearing on this matter scheduled 12/13/2017 is VACATED. (Yin, K)