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13-1021 - (PC) Coleman v. California Department of Correction and Rehabilitation et al


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13-1021 - (PC) Coleman v. California Department of Correction and Rehabilitation et al
June 11, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/13 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
August 28, 2013
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Robert Coleman signed by Magistrate Judge Kendall J. Newman on 08/28/13. 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)
September 24, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/2013 ORDERING that plaintiff's 15 motion for TRO is DENIED without prejudice; the Clerk shall send petitioner the form for filing a ยง 1983 civil rights action; and plaintiff's 16 motion for appointment of counsel is DENIED. (Yin, K)
December 4, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/4/2013 ORDERING that plaintiff's 11 first motion to amend is DENIED as moot; plaintiff's 13 request is construed as a second motion to amend and is GRANTED; plaintiff's first amended complaint is DISMISSED; that portion of the 8/28/2013 order directing plaintiff to submit documents for service of process is VACATED; plaintiff has 30 days to file a second amended complaint; and failure to file a second amended complaint in accordance with this order will result in a recommendation that this action be dismissed.(Yin, K)
December 4, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/4/2013 ORDERING that plaintiff's 19 memorandum, construed as a motion for reconsideration of the 9/24/13 order, is DENIED. (Yin, K)
March 31, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2014 ORDERING that Plaintiff's 19 motion for temporary restraining order is DENIED without prejudice. Plaintiff's 28 motion for temporary restraining order is DENIED without prejudice. (Zignago, K.)
August 26, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/2014 DENYING plaintiff's 42 motion for sanctions. (Yin, K)
October 27, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/27/14 ORDERING that Defendants motion for an extension of time 47 is granted; Defendants shall file their reply on or before November 3, 2014; Defendants motion to strike portions of plaintiffs objections 50 is granted; and the following portions of plaintiffs objections 49 are stricken: page 5, line 18, through page 8, line 7, and Exhibit A attached thereto. (ECF No. 49 at 5:18 - 8:7 and Ex. A.)(Dillon, M)
November 13, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/13/14 denying without prejudice 48 Motion for sanctions. (Dillon, M)
April 15, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/15/15 ORDERING that Plaintiffs April 10, 2015 motion (ECF No. 55) is construed as a motion pursuant to Rule 56(d) of the Federal Rules of Civil Procedure; and Within 21 days from the date of this order, defendants shall file a response, as set forth above; plaintiff may file a reply seven days thereafter.(Dillon, M)
June 8, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/08/15 ordering that within 14 days from the date of this order, defendants shall respond to plaintiff's 05/29/15 motion 60 as set forth above. Plaintiff's reply, if any, shall be filed 7 days thereafter. (Plummer, M)
July 22, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/21/15 ordering plaintiff's 4/10/15 filing 55, construed as a Rule 56(d) request, is denied. Plaintiff's motion for appointment of counsel 60 is denied without prejudice. (Plummer, M)
July 22, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/21/15 recommending that defendants' motion for summary judgment 45 be granted in part and denied in part as follows: a. Plaintiff's claims against defendant Haring should be dismissed without prejudice, based on plaintiff's failure to exhaust administrative remedies. b. Plaintiff's claims against defendants Virga, DeRoco, and Clough that plaintiff was denied access to outdoor exercise in violation of the Eighth Amendment should be dismissed without prejudice, based on plaintiff's failure to exhaust administrative remedies; c. Plaintiff's claims against defendant Clough should be dismissed without prejudice based on plaintiff's failure to exhaust administrative remedies; and d. The motion for summary judgment by defendants Virga and DeRoco as to plaintiff's equal protection claims under the 14th amendment should be denied. Defendants Virga and DeRoco be directed to file an answer within 21 days. MOTION for SUMMARY JUDGMENT 45 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
September 18, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/18/15 ordering plaintiff's motion for leave to file a second supplemental complaint 68 and his request for entry of default 71 are denied without prejudice. (Plummer, M)
October 27, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/27/15 DENYING without prejudice 74 Motion to Appoint Counsel. (Dillon, M)
December 9, 2015
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ORDER signed by Judge John A. Mendez on 12/8/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/22/15 67 are ADOPTED in full; and Defendants' MOTION for Summary Judgment 45 is GRANTED in part, and DENIED in part. Defendants Virga and DeRoco are directed to file an answer within twenty-one days of service of this order.(Mena-Sanchez, L)
December 18, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/15 DENYING 76 Motion. (Dillon, M)
March 3, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/3/2016 DENYING plaintiff's 84 motion for relief. (Yin, K)
April 1, 2016
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2016 and agreed between the parties to EXTEND defendants' deadline for responding to plaintiff's 1/13/2016, interrogatories, requests for admissions, and request for documents to 4/29/2016, and the discovery to 5/15/2016. (Yin, K)
May 23, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/23/16 ORDERING that plaintiff's May 12, 2016 motion (ECF No. 91) is construed as a motion to compel discovery and for sanctions, and includes a request to extend the discovery deadline; The parties shall brief plaintiffs motion (ECF No. 91) pursuant to Local Rule 230(l); and Plaintiff's motion for injunctive relief (ECF No. 91) is DENIED without prejudice.(Dillon, M)
August 2, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/2016 ORDERING within 14 days, defendants shall provide the court with the status of plaintiff's access to his legal materials and his ability to attend the law library; defendants' 98 motion to modify the dispositive motion deadline is PARTIALLY GRANTED; and the 7/15/2016 dispositive motion deadline is VACATED pending further order of the court.(Yin, K)
October 13, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/12/2016 ORDERING plaintiff's 91 motion to compel is GRANTED in part, in accordance with this order. In all other respects, plaintiff's motion to compel and 104 motion for in camera review are DENIED. Plaintiff's 91 motion for sanctions is DENIED. Plaintiff's 91 motion to extend the discovery deadline is PARTIALLY GRANTED. Discovery is reopened until 1/6/2017, for the limited purpose set forth in this order. No new discovery requests may be propounded by any party. The deadline for filing pretrial motions, except motions to compel discovery, is set for 3/8/2017. In all other respects, the 1/6/2016 scheduling order remains in effect. Plaintiff's 106 motion for sanctions is DENIED. The Clerk shall send plaintiff a copy of the court's docket. (Yin, K)
October 18, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/16 denying 101 Motion to Appoint Counsel. (Plummer, M)
January 20, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/20/17 ordering ( Settlement Conference set for 3/2/2017 at 01:30 PM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) Parties shall file a signed waiver of disqualification no later than 2/16/17. The dispositive motion deadline currently set for 3/08/17 is vacated and reset for 45 days following the completion of the settlement conference. (Plummer, M) Modified on 1/20/2017 (Plummer, M).
January 20, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/20/17 ordering the Custodian to produce Robert Coleman on 3/02/17 at 1:30 p.m. in courtroom 25 before 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 this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Plummer, M)