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13-440 - (PS) Adams v. DeSimoni


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13-440 - (PS) Adams v. DeSimoni
March 11, 2013
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ORDER granting plaintiff's 2 Motion to Proceed IFP, signed by Magistrate Judge Kendall J. Newman on 3/8/13. Service of plaintiff's complaint is appropriate for defendant Mike DeSimoni, Sr.. The Clerk shall send plaintiff one USM-285 form, one summons, this court's scheduling order, and the forms providing notice of the magistrate judge's availability to exercise jurisdiction for all purposes. Plaintiff shall supply the United States Marshal, within 28 days from the date this order is filed, all information needed by the Marshal to effectuate service of process, and shall, within 10 days thereafter, file a statement with the court that such documents have been submitted to the United States Marshal. The U.S. Marshal shall serve process within 90 days of receipt of the required information from plaintiff, without prepayment of costs. The Clerk shall serve a copy of this order on the United States Marshal. Plaintiff's failure to comply with this order may result in a recommendation that this action be dismissed. (Kastilahn, A) Modified on 3/11/2013 (Kastilahn, A). (CC: USM)
August 16, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/16/2013 ORDERING that no later than 8/29/13, plaintiff shall file a statement addressing the specific topics outlined in the order. (Donati, J)
August 29, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/13 PARTIALLY GRANTING 10 Motion to Reschedule Hearing Date and/or Extension of Time. No later than 9/12/13, plaintiff shall file a statement addressing the specific topics outlined in the court's 8 Order. Upon receipt and review of plaintiff's statement, the court will issue a further order regarding the future progress and scheduling of the case. Alternatively, plaintiff may file a notice of voluntary dismissal of the action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) no later than 9/12/13. Failure to file either the required statement or a notice of voluntary dismissal without prejudice by the required deadline will result in a recommendation that the action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court shall serve on plaintiff a copy of the court's prior 8/16/13 order along with this order. (Meuleman, A)
September 18, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/18/13: Plaintiff shall have a final extension of fourteen (14) days from the date of service of this order for her retained attorney to enter an appearance in this action. Alternatively, plaintiff shall file a statement within fourteen (14) days of this order advising the court that she was unable to retain counsel. (Kaminski, H)
October 18, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/13: Plaintiff's original complaint 1 is dismissed, but with leave to amend. Within 28 days of this order, plaintiff shall file a first amended complaint in accordance with this order. Alternatively, plaintiff may file a notice of voluntary dismissal of the action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) within 28 days of this order. (Kaminski, H)
January 2, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/2/2014 RECOMMENDING that this action be dismissed pursuant to FRCP 41(b); the Clerk of Court be directed to close this case and vacate all dates; Referred to Judge Troy L. Nunley; Objections due within 14 days after being served with these F & R's. (Reader, L)