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12-2868 - (PC) White v. Smyers, et al


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12-2868 - (PC) White v. Smyers, et al
December 13, 2012
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ORDER signed by Magistrate Judge Allison Claire on 12/12/12 granting 4 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. Plaintiff's claims arising before his arrival at HDSP on 09/22/10 are dismissed without prejudice to their renewal in a separate action. Plaintiff may either proceed with the complaint as screened in this order or he can file an amended complaint within 30 days from the date of this order. If plaintiff chooses to amend his complaint, he shall complete the attached Notice of Amendment and submit along with an original and 1 copy of the complaint.. (Plummer, M)
December 13, 2012
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ORDER signed by Magistrate Judge Allison Claire on 12/12/12 ordering that defendants are to respond to plaintiff's 11/26/12 motion for temporary restraining order, which the court converts to a motion for preliminary injunction within 20 days of the date of this order. Specifically, defendants shall address plaintiff's requests for a pillow to support his back and nec, a back brace, and a wheelchair. The court will reserve issuing a recommendation regarding plaintiff's 11/26/12 motion pending the filing of a response by defendants. (Plummer, M)
December 13, 2012
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Walter Howard White signed by Magistrate Judge Allison Claire on 12/12/12. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
February 7, 2013
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ORDER signed by Magistrate Judge Allison Claire on 02/06/13 granting in part 17 Motion for Extension of time. Plaintiff shall file an amended complaint on or before 4/10/13. (Plummer, M)
May 10, 2013
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ORDER signed by Magistrate Judge Allison Claire on 05/10/13 ordering plaintiff's ex parte application for temporary restraing order 6 is denied as moot. Plaintiff's motion for extension of time 20 is granted. Plaintiff shall file an amended complaint on or before 07/10/13. No further extensions of time will be granted. (Plummer, M)
August 28, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/27/2013 RECOMMENDING that service is appropriate for defendants Miranda, Mayes, Schmidt, Lee, Pomazal, Rofling, Lankford, and Swingle; this case proceed on the 23 first amended complaint on plaintiff's claims for violations of the Eighth Amendment by each defendant named above, and on a claim under the ADA against defendant Swingle in his official capacity; and all other defendants and claims should be dismissed from this action. Referred to Judge Morrison C. England, Jr.; Objections due within 21 days. (Yin, K)
December 10, 2013
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ORDER signed by Magistrate Judge Allison Claire on 12/10/13 ORDERING that Plaintiffs motion requesting clarification 27 is denied without prejudice tofiling formal objections to the courts August 28, 2013 Findings and Recommendations. Plaintiffs motion for leave to file a second amended complaint 28 is denied without prejudice. Plaintiffs motion to stay proceedings 29 is denied in part, and granted in part. To the extent that the motion seeks an extension of time to file objections to this courtsAugust 28, 2013 Findings and Recommendations, the motion is granted. Plaintiff shall file any objections within thirty days from the date of this order. (Dillon, M)
March 4, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr. on 3/3/2014 ORDERING that the 24 Findings and Recommendations are ADOPTED IN FULL. Service is appropriate for Defendants Miranda, Mayes, Schmidt, Lee, Pomazal, Rofling, Lankford and Swingle. All other Defendants and claims are DISMISSED from this action. The Clerk of the Court shall send Plaintiff 8 (eight) USM-285 forms, one summons, an instruction sheet and a copy of the 23 First Amended Complaint filed 7/15/2013. Within thirty days from the date of this Order, Plaintiff shall complete the attached Notice of Submission of Documents and submit the service documents to the Court. (Zignago, K.)
June 13, 2014
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ORDER signed by Magistrate Judge Allison Claire on 06/12/14 denying 42 Motion to temporarily unassign the undersigned from this action. (Plummer, M)
June 17, 2014
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[VACATED SEE ORDER [53]FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/16/14 RECOMMENDING that plaintiff's motion for immediate injunctive relief (ECF No. 39) be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M) Modified on 7/28/2014 (Reader, L).
July 24, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr on 7/22/14 DENYING 50 Request for Reconsideration. (Meuleman, A)
July 28, 2014
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ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/28/2014 ORDERING that 45 the Findings and Recommendations issued on 6/17/2014 are hereby VACATED; IT IS FURTHER RECOMMENDED 39 that plaintiff's motion for immediate injunctive relief be denied for the reasons discussed herein; Referred to Judge Morrison C. England, Jr.; Objections due within 21 days after being served with these F & R's.(Reader, L)
September 29, 2014
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ORDER signed by Chief Judge Morrison C. England, Jr. on 9/26/2014 FINDINGS AND RECOMMENDATIONS 53 are ADOPTED in FULL; and Plaintiff's 39 Motion for immediate Injunctive Relief is DENIED. (Reader, L)
October 9, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/8/2014 GRANTING defendants' 64 motion and defendants may take plaintiff's deposition by video conference. (Yin, K)
October 21, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/20/14 ordering plaintiff's 10/14/14 motions for a stay of the proceedings 70, 71 are denied. Plaintiff is granted 60 days from the date of this order in which to file an opposition to the motion for protective order. Accordingly, plaintiff's motion for a 21 days extension of time to oppose the motion for a protective order 72 is denied as moot. Plaintiff is ordered to file a status report 60 days from the date of this order notifying the court of whether or not his medical condition enables him to proceed with this lawsuit. (Plummer, M)
January 27, 2015
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ORDER granting 82 Motion for Reconsideration signed by Chief Judge Morrison C. England, Jr on 1/26/15: This case is referred to the magistrate judge for consideration of the merits of Plaintiff's request. (Kaminski, H)
April 16, 2015
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ORDER signed by Magistrate Judge Allison Claire on 04/15/15 ordering plaintiff's motion 77 to extend the discovery deadline to conduct additional discovery is denied without prejudice until resolution of the parties' current discovery disputes; similarly, plaintiff's motion to reopen discovery 95 is denied without prejudice. After resolution of all outstanding discovery matters, the court will inquire into the need for further discovery. Plaintiff's motion for an extension of time within which to file his opposition to defendants' motion for protective order 86 is granted nunc pro tunc. Defendants' motion 105 to strike plaintiff's surreply 99 is denied. Plaintiff's request for sanctions 99 is denied. Defendants' motion for protective order 58 concerning plaintiff's request for production of documents (set one)(request nos 1,3, 8,10-3,15-20,23,25-30,32-5,39 and 64, as narrowed by the parties) is granted in part and denied in part as follows: a. Defendants' motion for a protective order is granted as to plaintiff's production request nos. 1,3,8,10-3,15-20,23,25-6,35 and 39; defendants are relieved from responding to these requests. However within 14 days after the filing date of this order, defense counsel (Attorney General's Office) shall contact the CSATF Litigation Coordinator and make reasonable arrangements for plaintiff to review CDCR's IMSPP manual as described in plaintiff's request no. 16. b. Defendants' motion for a protective order is denied as to plaintiff's production request nos. 27-30, 32-4 and 64; defendants are required to respond to these requests, as construed by the court herein, within 21 days after the filing date of this order. Defendants' motion for protective order (motion to strike some defendants) 58 is also granted as to plaintiff's production request nos.21, 36-8, 70-1; these requests are limited to plaintiff's ADA claims and need be answered only be defendant Swingle within 21 days after the filing date of this order. Defendants' motion for a protective order 58, as to plaintiff's all remaining request for production (set one) is denied as moot, pursuant to the parties; informal resolution of those matter and/or plaintiff's failure to object to defendants' motion. Plaintiff's request for extension of time to file his second subpoena duces tecum motion 76 is granted nunc pro tunc. Plaintiff's second motion for issuance of subpoena duces tecum 80 is granted in part and denied in part; plaintiff may complete and submit to the court 3 separate proposed subpoenas for service by the U.S. Marshal, as narrowed herein as follows: a. The subpoenas duces tecum shall be directed respectively to SCIF, HDSP and CSATF, and the documents requested shall reflect the narrowed parameters identified by the court herein. b. The clerk of the court is directed to provide plaintiff with a copy of this order, 3 subpoena duces tecum forms, signed but otherwise blank, pursuant to FRCP 45. c. Within 14 days after the filing date of this order, plaintiff shall complete and return to the court the attached Notice of Submission of Documents form and the proposed subpoenas duces tecum. d. Should plaintiff fail to timely return the subpoena duces tecum forms, or complete them in a manner inconsistent with that authorized by the court herein, no further action will be taken by the court on plaintiff's request for issuance of subpoenas duces tecum. Defendant Swingles' request for an extension of time to serve responses to plaintiff's request for admissions (set one) 83 is granted nunc pro tunc. Plaintiff's motion to file a second amended complaint 84 is denied; plaintiff's requests for additional time to file a reply to defendants' opposition to plaintiff's motion 96, 110 are denied as moot. Plaintiff's motions to stay this action 85 and 108 are denied; in addition, plaintiff's motion 97 to file a reply to defendants' opposition to plaintiff's first motion to stay is denied as moot. Plaintiff's motion for extension of time to reply to all of defendants' motions 98 is denied as moot. Plaintiff's motion for appointment of counsel 102 is denied without prejudice; plaintiff's request for an extension of time 116 to file a reply to defendants' opposition is denied as moot. (Plummer, M)
April 24, 2015
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ORDER signed by Magistrate Judge Allison Claire on 04/23/15 ORDERING that plaintiff and the Deputy Attorney General shall, within 14 days, file separate statements informing the court of plaintiff's current place of incarceration and, if available, the anticipated duration of that placement; plaintiff and counsel for all parties shall, within 28 days, file separate statements (each statement shall be no more than 5 pages in length, with no attached exhibits or supplemental filings) as detailed in the order; the 06/01/15 dispositive motion deadline is VACATED; parties shall continue to provide any remaining discovery ordered by this court on 04/16/15, and plaintiff may submit the authorized subpoenas duces tecum for this court's review; plaintiff may file and serve a response to this court's 04/08/15 120 order; Clerk to serve plaintiff at both CSATF and HDSP. (Benson, A)
May 12, 2015
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14 days after the filing date of this order, plaintiff may complete and return to the court the attached Notice of Submission of Documents form and the proposed subpoenas duces tecum. No further extensions of time will be granted. Within 14 days after the filing date of this order, the Deputy Attorney General shall file and serve a statement reflecting the response of the HDSP Litigation Coordinator pursuant to the inquiry set forth above. In addition, plaintiff's motion 121 to strike the opposition of defendant Miranda's opposition filed 03/23/15, is denied. (Plummer, M) Modified on 5/12/2015 (Yin, K).[PARTIALLY DISREGARDED, SEE 141 ORDER] ORDER signed by Magistrate Judge Allison Claire on 05/11/15 ordering plaintiff's motion to stay this action 134 is denied. Within 14 days after the filing date of this order, plaintiff may submit his proposed subpoenas duces tecum as authorized by the court and as follows: a. The Clerk of Court is directed to again provide plaintiff with a copy of this order, 3 subpoena duces tecum forms, signed but otherwise blank, pursuant to FRCP 45. b. Within
May 12, 2015
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ORDER signed by Magistrate Judge Allison Claire on 5/12/2015 ORDERING that the portion of the 140 court's order filed earlier today, directing plaintiff to sumbit his proposed subpoenas, is PARTIALLY DISREGARDED. Within 14 days, plaintiff may submit his proposed subpoena duces tecum directed to HDSP, as authorized by the court, and as follows: (a) The Clerk of Court is directed to provide plaintiff, with a copy of this order, one subpoena duces tecum form, signed but otherwise blank, pursuant to Fed. R. Civ. P. 45; (b) Within fourteen days, plaintiff may complete and return to the court the attached Notice of Submission of Documents form and the proposed subpoena duces tecum directed to HDSP. The court will hold plaintiff's subpoenas duces tecum directed to SCIF and CSATF until expiration of the fourteen-day period, and thereafter direct the USM to serve those subpoenas and, if properly submitted, plaintiff's third subpoena directed to HDSP. No further extensions of time will be granted for completion of these matters. (Yin, K)
July 14, 2015
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ORDER signed by Magistrate Judge Allison Claire on 07/12/15 ordering the clerk of the court is directed to forward the 3 subject subpoenas duces tecum, together with a copy of the instant order, to the U.S. Marshal. Within 14 days after the filing date of this order, and pursuant to 28 USC 566(c), the Marshal is directed to personally serve each subpoena on the official designated to receive subpoenas at each respective agency or institution, viz., the State Compensation Insurance Fund, High Desert State Prison, and the California Substance Abuse Treatment Facility, and shall command all necessary assistance from the recipients to execute this order and to respond fully to each subpoena. Within 10 days after personal service of each subpoena, the Marshal shall file each return of service with the court. Within 30 days after service of each subpoena, the recipient shall provide plaintiff with copies of the requested documents, set forth above. As a courtesy, the clerk of the court is directed to serve a copy of this order and a copy of the court's order filed 05/12/15 140 (which identifies the content of each subpoena), on the following: 1) the Litigation Coordinator at High Desert State Prison, PO Box 750, Susanville, CA 96127-0750; 2) the Litigation Coordinator at the California Substance Abuse Treatment Facility, PO Box 7100, Corcoran, CA 93212; 3) the Claims Administrator at the State Compensation Insurance Fund, PO Box 8192, Pleasanton, CA 94588. (Plummer, M)
July 14, 2015
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ORDER signed by Magistrate Judge Allison Claire on 07/12/15 ordering plaintiff's most recent motion to stay proceedings in this action pending receipt of his legal materials 143 is denied as moot. Defendant Pomazal's request to propound further discovery requests on plaintiff, as described in 144 is granted; defendant shall serve his request on plaintiff within 14 days after the filing date of this order; plaintiff shall serve his response within 21 days after service of the requests-no extensions of time will be granted. Plaintiff's request for an extension of time 151 within which to file a motion for reconsideration of this court's 4/16/15 order 126 is granted; plaintiff shall file and serve such motion within 14 days after the filing date of this order. If plaintiff wishes to further respond to the court's 4/24/15 order 133 he shall, within 14 days after the filing date of this order, file and serve a supplemental brief in conformance with the requirements set forth in Footnote 3, supra, that clearly identifies his remaining discovery needs. Plaintiff's motion for sanctions against the Deputy Attorney General 119 is denied; plaintiff is again admonished to refrain from filing excessive, harassing or frivolous matters in this case. Plaintiff's motion for a protective order denying his further deposition 119 (motion to suppress) is denied. Defendants' motions 93, 117 and requests [144-146] to extend discovery in this case for the purpose of reconvening plaintiff's deposition for a third and final time are granted; plaintiff's deposition should be scheduled between 8/31/15 and 10/16/15; defendants shall inform the court of such date with 5 days of its scheduling. The discovery deadline is hereby extended to 10/16/15 for the limited purposes authorized herein. The deadline for filing pretrial motions is hereby continued to 1/29/16 and shall be noticed and briefed in accordance with the Rand Notice provided herewith. Pursuant to a separate order filed concurrently with this order, the court directs the U.S. Marshal to serve plaintiff's 3 authorized subpoenas duces tecum. (Plummer, M)
August 6, 2015
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ORDER signed by Magistrate Judge Allison Claire on 8/5/15 ORDERING that Plaintiff's motion, ECF No. 159, for extension of time to file to file and serve his request for reconsideration of this courts order filed July 14, 2015 order, is GRANTED. Plaintiffs motion, ECF No. 160, for extension of time to file a supplemental brief in accordance with this courts order filed July 14, 2015, is GRANTED. Plaintiff shall file and serve both matters on or before August 21, 2015. No further extensions of time will be granted. Defendants may, but need not, file their respective responses to plaintiffs motions on or before September 4, 2015.(Dillon, M)
August 6, 2015
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ORDER signed by Magistrate Judge Allison Claire on 8/5/15 ORDERING that Plaintiffs Supplemental Statement, ECF No. 158, construed as a further request for protective order precluding plaintiffs further deposition, is DENIED, for the reasons previously stated by the court, see ECF No. 153 at 5-8, 9. Subject to the conditions previously established by the court, see id. at 7-8, defendants shall together schedule plaintiffs further deposition on one day between August 31, 2015 and October 16, 2015, and shall inform the court of such date within five days of its scheduling.(Dillon, M)
October 6, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/6/15 ORDERING that The October 16, 2015 deadline for conducting plaintiffs deposition is VACATED. Within 21 days after the filing date of this order, Ms. Ellen Hung, theDeputy Attorney General representing the majority of defendants in this action, shall file and serve a statement addressing the following matters: Contact with the HDSP Litigation Coordinator (and, if necessary, the CSATFLitigation Coordinator and other appropriate officials with the California Department of Corrections and Rehabilitation) to ascertain the location(s) of all of plaintiffs legal materials pertaining to the instant action; andif plaintiff is not in possession of all pertinent legal materials, identifying the missing materials, their location(s), and the date(s) when such documents will be delivered to plaintiff. If plaintiff is not in possession of all pertinent legal materials within the twenty-onedayperiod provided herein, the Deputy Attorney General shall file and serve a statement informing the court and other parties when such materials are delivered to plaintiff; if necessary, the Deputy Attorney General shall provide status reports every 14 days until such materials are delivered to plaintiff. Within fourteen days after plaintiff is in possession of all pertinent legal materials, counsel for all defendants shall file and serve a joint statement informing the court of the date and time scheduled for plaintiffs further and final deposition, which shall be scheduled at the earliest convenience of the parties and HDSP officials.(Dillon, M)
February 4, 2016
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ORDER denying plaintiff's 173 Motion for Reconsideration, signed by Chief Judge Morrison C. England, Jr., on 2/2/16. (Kastilahn, A)
March 8, 2016
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ORDER signed by Chief Judge Morrison C. England, Jr. on 3/7/2016 DENYING 157 Motion for Reconsideration. (Zignago, K.)
August 23, 2016
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ORDER signed by Magistrate Judge Allison Claire on 8/23/16 ORDERING that defendant Pomazal's motion to re-set plaintiff's continued deposition, ECF No. 186, is GRANTED. Within 7 days after the filing date of this order, Deputy Attorney General Mr. Smith shall inquire of CHCF, and CDCR generally, when and where plaintiff will be available to participate in a one-day deposition, with reasonable accommodations for his medical needs and access to his legal materials. Within 21 days after the filing date of this order, Mr.Smith shall file and serve a statement informing the court of the results of this inquiry. Within 7 days after securing plaintiffs availability, as set forth above, all defense counsel shall file and serve a joint statement informing the court of the place, date and time agreed upon for the deposition, and the reasonable accommodations to be accorded plaintiff; defendants shall provide plaintiff with as much advance notice as possible.(Dillon, M)
August 23, 2016
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/23/16 ORDERING that plaintiff's October 7, 2015 motion to stay this action, ECF No. 172, is DENIED as moot; and plaintiff's August 19, 2016 motion to stay this action, ECF No. 187, is DENIED on the merits. It is HEREBY RECOMMENDED that plaintiff's motion for preliminary injunctive relief, ECF No. 174, be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
September 13, 2016
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ORDER signed by Magistrate Judge Allison Claire on 9/13/16 ORDERING that on or before September 22, 2016, any party may file and serve objections to the findings and recommendations filed August 23, 2016 (ECF No. 190); no further extensions of time will be granted. Plaintiff's motion filed September 9, 2016, ECF No. 194, is GRANTED AS FOLLOWS: Deputy California Attorney General Ms. Hammond is requested to do the following: a. Within 7 days after the filing date of this order: (i) contact the CSPRJD Litigation Coordinator and ascertain when plaintiff will be in possession of all his legal materials; and (ii) file and serve a statement so informing the court. b. Within 14 days after the filing date of this order: (i) ascertain from each defense counsel the earliest available dates when all attorneys will be available to conduct and conclude plaintiffs deposition;2 (ii) schedule with the CSP-RJD Litigation Coordinator an agreed-upon date to conduct and conclude plaintiff's deposition, when plaintiff will be in possession of all his legal materials and appropriate arrangements can be made to accommodate plaintiff's physical limitations and pain symptoms; and (iii) file and serve a statement so informing plaintiff and the court.(Dillon, M)
September 29, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 09/27/16 ORDERING that plaintiff's 182, 184 Motions for Reconsideration are DENIED. (Benson, A)
September 30, 2016
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ORDER ADOPTING 190 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 09/30/16 ORDERING that plaintiff's 174 Motion for Preliminary Injunction is DENIED. (Benson, A)
December 19, 2016
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onse to plaintiffs Emergency Request for Protective Order filed December 15,2016, see 205, concerning plaintiffs potential placement and conditions on his parole scheduled for January 5, 2016. Plaintiff is directed to refrain from filing a reply hORDER signed by Magistrate Judge Allison Claire on 12/19/16 ordering The Deputy Attorney General, Ms. Kelli Hammond, who represents most of thedefendants in this action, is directed to file and serve, on or before Wednesday, December 28,2016, a respis 85-page motion adequately reflects his concerns and time is of the essence. (Plummer, M) Modified on 12/20/2016 (Plummer, M).
January 3, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 1/3/17 DENYING 205 Motion for emergency injunctive relief. (Dillon, M)
July 20, 2017
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ORDER signed by Magistrate Judge Allison Claire on 07/19/17 granting 223 Motion to modifiy the scheduling order. These parties have until 07/24/17 to file a dispositive motion. (Plummer, M)
August 24, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/24/2017 RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)