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13-670 - (PC) Childs v. State of California et al


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13-670 - (PC) Childs v. State of California et al
April 16, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/15/2013 ORDERING the Clerk to send plaintiff the form complaint and application for leave to proceed ifp; within 30 days, plaintiff shall either pay the $350 filing fee or submit a complete ifp application; within 30 days, plaintiff shall submit a complaint stating the nature of the action and his belief that he is entitled to redress. Failure to comply with this order may result in a recommendation that this action be dismissed.(Yin, K)
May 13, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/13/13 ORDERING that plaintiff has 30 days from the date this order is served to submit therequired trust account statement. Failure to comply with this order will result in this action beingdismissed. The Clerk of the court is directed to send to plaintiff a new form Application toProceed In Forma Pauperis by a Prisoner. (Dillon, M)
October 8, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/8/2013 GRANTING plaintiff's 6 request to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; the complaint is DISMISSED with leave to amend within 30 days; and DENYING plaintiff's 1 request for injunctive relief. (Yin, K)
October 8, 2013
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Earl Childs signed by Magistrate Judge Edmund F. Brennan on 10/8/2013. CDCR is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the clerk until the $350 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
November 15, 2013
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[VACATED pursuant to 17 Order] ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/13 ORDERING that this action is DISMISSED for failure to state a claim and failure to prosecute. CASE CLOSED. (Dillon, M) Modified on 11/25/2013 (Dillon, M).
November 25, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/25/13 ORDERING that the order dismissing this action 13 is VACATED and the Clerk of the Court is directed to re-open the case. Plaintiffs request for counsel 15 is DENIED. The court will screen the amended complaint 16 pursuant to 28 U.S.C. ยง 1915A in due course. (Dillon, M)
July 24, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/24/2014 DENYING plaintiff's 36 Motion for Appointment of Counsel. (Marciel, M)
August 5, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/5/14ORDERING that Plaintiff's 6/20/14 REQUESTS 34 are DENIED. (Mena-Sanchez, L)
August 13, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/13/14 RECOMMENDING that plaintiffs motions for a preliminary injunction (ECF Nos. 18, 23) be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
September 16, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/16/2014 DENYING plaintiff's 46 request for appointment of counsel. (Yin, K)
September 22, 2014
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ORDER ADOPTING 42 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 9/19/14. Plaintiff's 18 and 23 Motions for Preliminary Injunction are DENIED. (Manzer, C)
October 10, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/14 ORDERING that the request is granted in part and plaintiffs request for production of documents 43 is deemed timely served on defendants. Defendants shall respond to the request within 30 days. Fed. R. Civ. P. 34(b)(2)(A). The Clerk of the Court shall terminate docket numbers 38 and 43.(Dillon, M)
February 13, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/12/15 ORDERING that Plaintiffs motions to compel discovery (ECF Nos. 56, 58) are DENIED as moot. Plaintiffs request to modify the scheduling order (ECF No. 62) is granted in part and denied in part. The discovery and scheduling order is modified as follows: a. The parties may conduct discovery until July 13, 2015. Any motions necessary to compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34, or 36 shall be served not later than April 15, 2015. b. Dispositive motions shall be filed on or before October 13, 2015. Motions shall be briefed in accordance with paragraph 8 of the order filed February 21, 2014. c. All other dates identified in the scheduling order (ECF No. 35) shall remain in effect. Plaintiffs motion for investigator fees (ECF No. 59) is denied. Plaintiffs motion for the appointment of counsel (ECF No. 62) is denied.(Dillon, M)
May 7, 2015
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 05/07/15 ORDERING plaintiff's motion to amend the complaint 63 is denied. Also, RECOMMENDING that plaintiff's motion for a preliminary injunction 73 be denied. MOTION for PRELIMINARY INJUNCTION 73 referred to Judge Troy L. Nunley. Objections due within 14 days.. (Plummer, M)
July 15, 2015
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ORDER signed by District Judge Troy L. Nunley on 7/14/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 5/7/15 76 are ADOPTED in full; and Plaintiff's MOTIONS for Preliminary Injunction 73 are DENIED. (Mena-Sanchez, L)
December 1, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/30/2015 DENYING plaintiff's 82 request for appointment of counsel. (Yin, K)
June 22, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/22/16 ordering that defense counsel inquire into plaintiffs allegations, and, within seven days from the date of this order, file a response to plaintiffs motion, including: (1) whether plaintiff is being provided mental health treatment, (2) whether plaintiff has been transferred within the last year or is being considered for transfer, (3) whether plaintiff is being provided timely access to his legal mail and other legal materials, and (4) the cause of the injuries documented in the attachment to plaintiffs motion. (Plummer, M) Modified on 6/22/2016 (Plummer, M).
August 3, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 08/02/16 recommending that defendants' 10/13/15 motion for summary judgment 78 be granted as plaintiff's claims against defendant Nelson and otherwise denied; and plaintiff's 05/05/16 motion for court intervention 93 be denied. Motions 78 and 93 referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
December 23, 2016
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ORDER signed by District Judge Troy L. Nunley on 12/22/2016 ADOPTING IN FULL 97 Findings and Recommendations; GRANTING Defendants' 78 Motion for Summary Judgment as to Plaintiff's claims against Defendant Nelson and otherwise DENIED; and DENYING Plaintiff's 93 Motion for Court Intervention. (Jackson, T)
December 30, 2016
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ORDER REQUESTING CONFIDENTIAL SETTLEMENT STATEMENTS for PRISONER SETTLEMENT PROGRAM signed by Magistrate Judge Edmund F. Brennan on 12/30/16. The parties to this action shall each, no later than 30 days from the date of the order, submit confidential statements. (see order for details) (cc ADRP)(Dillon, M)
January 17, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/17/2017 RECOMMENDING plaintiff's 101 motion for a temporary restraining order and/or a preliminary injunction be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
February 13, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/17 ordering ( Settlement Conference set for 4/12/2017 at 09:30 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) The parties are directed to exchange non-confidential settlement statements seven days prior to the settlement conference. These statements shall simultaneously be delivered to the Court using the following email address: [email protected] Plaintiff shall mail his non-confidential settlement statement to arrive not less than seven days prior to the settlement conference, addressed to Magistrate Judge Kendall J. Newman, USDC CAED, 501 I Street, Suite 4-200, Sacramento, CA 95814. The envelope shall be marked Settlement Statement. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). (cc: KJN) (Plummer, M) Modified on 2/13/2017 (Plummer, M).
February 13, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 02/13/17 ORDERING the Custodian to produce Earl Childs on 4/12/17 at 9:30 a.m. in courtroom 25 befor Magistrate Judge Kendall J. Newman. 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 KJN) (Plummer, M)
March 21, 2017
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ORDER signed by District Judge Troy L. Nunley on 3/20/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/17/17 104 are ADOPTED in full; and Plaintiff's MOTION for TRO 101 is DENIED.(Mena-Sanchez, L)
April 19, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/19/17 ordering within 30 days of the date of this order, plaintiff shall file 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. Pretrial conference will be conducted on the file only without appearance by either party. (Plummer, M)
May 2, 2017
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ORDER denying 116 Motion to Appoint Counsel signed by Magistrate Judge Edmund F. Brennan on 05/01/17. (Plummer, M)
May 31, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/31/2017 GRANTING plaintiff's 118 request for an extension of time and he has 60 days to file his pretrial statement. Plaintiff's 119 request for the appointment of counsel is DENIED. Plaintiff's request for the court to order defendants to provide him with "a full copy of the whole case" (ECF No. 118 at 2) is DENIED. (Yin, K)