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13-382 - (PC) Colbert v. Leininger, et al.


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13-382 - (PC) Colbert v. Leininger, et al.
March 7, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/6/2013 ORDERING plaintiff to submit, within 30 days, an affidavit in support of his request to proceed ifp, or the appropriate filing fee; and the Clerk shall send plaintiff a new ifp application.(Yin, K)
July 9, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/08/13 granting 7 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. The allegations in the complaint are sufficient to state potentially cognizable claims against defendant Leninger, but not defendants Virga or Cate. Therefore, the claims against defendants Virga and Cate are dismissed without prejudice. Within 30 days after service of this order plaintiff shall file the attached Notice of Submission of Documents on which plaintiff shall indicate his choice to proceed in one of the following ways. Plaintiff may file an amended complaint, in an attempt to restate his claims against defendant Leninger, as well as to state additionally cognizable claims against defendant Leninger and/or defendants, OR plaintiff may proceed on the instant complaint by completing and returning the enclosed materials necessary to serve process on defendant Leninger. The clerk of the court shall provide plaintiff with this order, a blank summons, a copy of the complaint 1, 1 USM-285 form and instruction sheet to be completed and retuned within 30 days. Also, RECOMMENDING that plaintiff's motion for preliminary injunctive relief 8 be denied. MOTION for preliminary injunctive relief 8 referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)
July 9, 2013
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ng 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)ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of George K. Colbert signed by Magistrate Judge Kendall J. Newman on 07/08/13. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 fili
September 11, 2013
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ORDER signed by Judge Kimberly J. Mueller on 9/10/2013 FINDINGS AND RECOMMENDATIONS 9 as to plaintiff's motion for preliminary injunction are ADOPTED in FULL; and plaintiff's 8 motion for preliminary injunctive relief is DENIED. (Reader, L)
April 16, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/16/14 denying 23 Motion to Dismiss. Defendant may file and serve, within 30 days after the filing date of this order, a motion for summary judgment that includes notice to plaintiff of the evidentiary requirements for opposing the motion. (Plummer, M)
August 22, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/22/14 ordering that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (Plummer, M)
February 13, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/13/2015 RECOMMENDING that defendant's 30 motion for summary judgment be granted. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
March 13, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/2015 GRANTING 50 Motion for Extension of time. Plaintiff is DIRECTED to file objections, if any, to the 49 Findings and Recommendations no later than 3/25/2015. Defendants' reply, if any, shall be filed within 7 days thereafter. (Donati, J)
March 31, 2015
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ORDER signed by Judge Kimberly J. Mueller on 3/30/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/13/15 49 are ADOPTED in full; Defendant's MOTION for Summary Judgment 30 is GRANTED; and This matter is referred back to the assigned Magistrate Judge for further pretrial proceedings. (Mena-Sanchez, L)
October 1, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/01/15 ordering no later than 30 days from the filing of this order, plaintiff shall file with this court a response that identifies or describes: the specific legal materials that plaintiff alleges were wrongfully confiscated and not returned to his position. Those circumstances of the alleged confiscation that are known to the plaintiff, including the date on which the alleged confiscation occurred, the identities of the persons plaintiff believes are responsible for the alleged confiscation, and plaintiff's whereabouts during the alleged confiscation. The relevance of allegedly confiscated materials to plaintiff's case. Prison officials response to plaint's grievances to the alleged confiscation. (Plummer, M)
October 19, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/2015 DENYING without prejudice plaintiff's 60 motion for appointment of counsel. (Yin, K)
January 4, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/4/16 ORDERING that defendant Leiningers motion for modification of the discovery and scheduling order (ECF No. 63) is granted nunc pro tunc, and defendants November 20, 2015 motion for summary judgment (ECF No. 65) is deemed timely filed. Defendants motion for an extension of time (ECF No. 68) is granted nunc pro tunc, and defendants December 17, 2015 reply (ECF No. 69) is deemed timely filed. (Dillon, M)
June 6, 2016
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itigation Coordinator at California State Prison, Corcoran, via facsimile at (559) 992-7372. (cc: MJS)(Plummer, M) Modified on 6/6/2016 (Plummer, M).ORDER signed by Magistrate Judge Kendall J. Newman on 06/06/16 ordering. This case is set for a settlement conference before Magistrate Judge Michael J. Seng on June 24, 2016, at California State Prison, Corcoran, 4001 King Avenue, Corcoran, California 93212. The start time for the settlement conference will be determined at a later date and will be set by separate order. Each party shall provide a confidential settlement statement to the following email address: [email protected] Plaintiff shall mail his confidential settlement statement to Sujean Park, ADR & Pro Bono Program Director, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814. The envelope shall be marked Confidential Settlement Statement. Settlement statements shall arrive no later than June 17, 2016. Parties shall also file a Notice of Submission of Confidential Settlement Conference Statement (See Local Rule 270(d)). The Clerk of the Court is directed to serve a copy of this order on the L
August 22, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/22/16 ordering ( Settlement Conference set for 9/16/2016 at 10:00 AM at California State Prison Corcoran, before Magistrate Judge Michael J. Seng via telephonic conference.) The clerk of the court shall serve a copy of this order on the Litigation Coordinator at California State Prison Corcoran, via fax at 559-992-7372. (cc: MJS) (Plummer, M)
October 11, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/11/2017 RECOMMENDING plaintiff's 82 motion be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Yin, K)
October 31, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/2017 GRANTING 89 Motion for Extension of Time. Plaintiff granted up to and including 11/21/2017 to file objections to the findings and recommendations. (Henshaw, R)
March 21, 2018
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ORDER adopting in full 88 FINDINGS AND RECOMMENDATIONS, signed by District Judge Kimberly J. Mueller on 3/20/18. Plaintiff's 82 motion is DENIED. (Kastilahn, A)