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13-819 - (PC) Parthemore v. Kissel, et al


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13-819 - (PC) Parthemore v. Kissel, et al
April 25, 2013
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ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 4/25/13. (Attachments: # (1) Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 4/25/2013) [Transferred from cand on 4/26/2013.]
May 29, 2013
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ORDER signed by Magistrate Judge Allison Claire on 5/29/13 ORDERING that 5 Motion to Proceed IFP is GRANTED; 11 Motion for authorization is GRANTED; Plaintiff shall file an amended complaint within thirty days from the date of this order.(Dillon, M)
November 21, 2013
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ORDER signed by Magistrate Judge Allison Claire on 11/20/2013 ORDERING that defendant Blackwell is DISMISSED with leave to amend within 30 days, plaintiff is not obligated to amend his complaint; service is appropriate for defendants B. Kissel, J. Soltanian, C. Thomas, K. Costa, J. Sherrard, C. Heintschel, L. Reaves, Smith; S. Heatley, K. Toor, K. Malakka, P. Virk, and T. Neal; the Clerk shall provide plaintiff with forms for service which plaintiff may complete and return within 30 days; plaintiff shall return the Notice of Submission or Amendment with response.(Yin, K)
March 25, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/25/14 recommending that plaintiff's motion for immediate injunctive relief 34 be denied. MOTION for immediate injunctive relief 34 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
April 16, 2014
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ORDER signed by Magistrate Judge Allison Claire on 4/15/2014 VACATING defendants' 33 motion to dismiss; defendants may, within 14 days, bring a motion for summary judgment pursuant to Fed. R. Civ. P. 56 on the issue of administrative exhaustion, in doing so, defendants must provide plaintiff with a 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) in a separate motion or in combination with any motion for summary judgment regarding the exhaustion of administrative remedies. (Yin, K)
April 23, 2014
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ORDER signed by Judge Kimberly J. Mueller on 4/22/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/25/14 35 are ADOPTED in full; and Plaintiff's MOTION for immediate Injunctive Relief 34 is DENIED. (Mena-Sanchez, L)
March 6, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/5/2015 RECOMMENDING that defendants' 42 motion for summary judgment be granted in part and denied in part, (a) granted as to all claims against defendants Kissel, Thomas, Costa, Sherrard, Heintschel, Reaves, Toor, Malakkla, Virk, and Neal and these defendants be dismissed without prejudice for failure to exhaust administrative remedies, (b) granted as to the claim that defendant Soltanian refused to issue a medical hold and the claim be dismissed without prejudice for failure to exhaust administrative remedies, (c) denied as to the claim that defendant Soltanian refused to order shoulder surgery, (d) denied as to defendants Smith and Heatley; defendants' 43 motion to dismiss be denied; and defendants Soltanian, Smith, and Heatly be ordered to answer the remaining claims within 30 days from the date of adoption of the instant findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. No extensions of time wil be granted.(Yin, K)
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 3/6/15 49, are ADOPTED in full. Defendants' MOTION for Summary Judgment 42 is GRANTED in part and DENIED in part. Defendants' MOTION to DISMISS 43 is DENIED. Defendants Soltanian, Smith, and Heatley are ordered to answer the remaining claims within thirty days from the date of this order.(Mena-Sanchez, L)
April 3, 2015
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ORDER signed by Judge Kimberly J. Mueller on 4/2/2015 DEEMING 51 Objections to Findings and Recommendations filed on 3/24/2015; CONFIRMING 50 Order Adopting Findings and Recommendations. (Michel, G.)
May 5, 2015
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ORDER signed by Magistrate Judge Allison Claire on 05/04/15 ordering ( Settlement Conference set for 6/2/2015 at 01:30 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd.) The parties are directed to submit confidential settlement conference statements on or before 05/26/15 to the following email address: [email protected] Plaintiff shall mail his confidential settlement statement address to Magistrate Judge Dale A. Drozd, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California, 95814 so it arrives no later than 5/26/15. (See order for further details)(cc: DAD) (Plummer, M)
May 5, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 05/04/15 ordering the Custodian to produce Ira Don Parthemore on 06/02/15 at 1:30 p.m. in courtroom 27 before Magistrate Judge Dale A. Drozd. 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 & DAD)(Plummer, M)
July 28, 2015
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ORDER signed by Magistrate Judge Allison Claire on 7/28/2015 ORDERING that Plaintiff's 61 motion for sanctions is DENIED. Defendants' 62 request to strike plaintiff's motion for sanctions is GRANTED and the 61 motion for sanctions shall be STRICKEN from the record. Defendants' 62 request to sanction plaintiff is DENIED. Plaintiff's 64 motion to stay his deadline to respond to defendants' requests for production is GRANTED IN PART. Plaintiff's responses to defendants' requests for production will be due twenty-one days after plaintiff has an opportunity to review both his central file and medical records and obtain the necessary copies from each.The Attorney General's Office and Deputy Attorney General Sylvie Snyder shall ensure that plaintiff is provided an opportunity to review his central file and medical records and make copies of any documents therein that are necessary to replace his missing documents. They shall also take whatever steps are necessary to verify that plaintiff's property has not simply been misplaced. As a one-time courtesy, the Clerk of the Court is directed to provide plaintiff with a copy of his 21 first amended complaint. (Zignago, K.)
August 27, 2015
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ORDER denying 67 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 08/26/15. (Plummer, M)
March 9, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/09/17 recommending that plaintiff's motion for summary judgment 76 be denied as untimely. Defendants' motion for summary judgment 71 be granted and the claims against defendants Smith, Heatley and Soltanian be dismissed for failure to exhaust administrative remedies. Judgment be entered for defendants. Motions 71 and 76 referred to Judge Kimberly J. Mueller. Objections due within 10 days. (Plummer, M)