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13-1176 - (PC) Lopez v. Krieg, et al.


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13-1176 - (PC) Lopez v. Krieg, et al.
June 28, 2013
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ORDER signed by Magistrate Judge Allison Claire on 6/28/13 ORDERING that plaintiff shall submit, within 30 days from the date of this order, a completed affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint.(Dillon, M)
August 8, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/7/13 ORDERING that Plaintiffs request to proceed in forma pauperis 8, 10 is deemed timely filed and is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiffs motion for an extension of time 6 is DENIED as moot. Plaintiffs motion for the appointment of counsel 7 is DENIED at this time without prejudice. Clerk shall assign a district judge to this case. It is RECOMMENDED that service is appropriate for defendants J. Krieg, W. Feitcher, T. McDow and L.D. Zamora; and Defendant C. OLeary be dismissed from this action. Randomly assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
August 8, 2013
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Allison Claire on 8/7/13 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Richard Lopez to the clerk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders ). (Dillon, M)
December 5, 2013
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ORDER signed by Magistrate Judge Allison Claire on 12/04/13 ordering the clerk of the court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of the 8/23/13 amended compalint to be completed and returned within 60 days. (Plummer, M)
December 5, 2013
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ERRATA signed by Magistrate Judge Allison Claire on 12/5/2013 regarding the 10/7/2013 and 12/5/2013 orders referring in error to the first amended complaint; the parties are ADVISED that the operative pleading before the court is plaintiff's 6/12/2013 complaint; the 16 complaint is a duplicate copy of the original and not an amended complaint, it has no effect and shall be DISREGARDED. (Yin, K)
December 18, 2013
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ORDER signed by Magistrate Judge Allison Claire on 12/17/2013 DENYING plaintiff's 28 motion to file a claim letter and 29 request for the appointment of counsel. (Yin, K)
July 21, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/18/2014 RECOMMENDING that defendants McDow, Krieg and Feitcher's 38 motion to dismiss be granted; defendant Zamora's 55 motion to dismiss be granted; plaintiff's 1 complaint be dismissed with leave to amend; plaintiff shall file a first amended complaint limited to allegations of inadequate dental care at SCC within 28 days of the district court's review and adoption of these findings and recommendations; plaintiff's 52 motion to amend be denied; plaintiff's 35 motion to file a supplemental complaint be denied as moot; defendants McDow, Krieg and Feitcher's 40 motion to stay discovery be granted; and plaintiff's 59 motion to compel be denied as moot. Referred to Judge Kimberly J. Mueller. Objections due within 21 days; No extensions of time will be granted. (Yin, K)
September 29, 2014
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ORDER signed by Judge Kimberly J. Mueller on 9/29/2014 ADOPTING 66 Findings and Recommendations in full, GRANTING 38 & 55 Motions to Dismiss, DISMISSING 1 Complaint with leave to amend, DENYING 52 Motion to Amend the Complaint, DENYING as moot 35 Motion to file a supplement complaint, GRANTING 40 Motion to Stay Discovery and DENYING as moot 59 Motion to Compel. Plaintiff shall file a first amended complaint limited to allegations of inadequate dental care at SCC within 28 days of the date of this order. (Donati, J)
July 6, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/2/2015 RECOMMENDING that defendants' 71 motion to dismiss be granted in part; defendants Freichter and Zamora be dismissed from this action; and this action proceed on plaintiff's Eighth Amendment medical deliberate indifference claims against defendants Krieg and McDow. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)
August 10, 2015
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ORDER signed by Judge Kimberly J. Mueller on 8/10/15 ADOPTING 76 FINDINGS AND RECOMMENDATIONS; Defendants 71 motion to dismiss is granted in part; Defendants Freichter and Zamora are dismissed from this action; and this action proceeds on plaintiffs Eighth Amendment medical deliberate indifference claims against defendants Krieg and McDow.(Dillon, M)
August 13, 2015
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ORDER denying 81 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 08/12/15. (Plummer, M)
December 15, 2015
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ORDER signed by Magistrate Judge Allison Claire on 12/15/15 ordering that plaintiff's motion filed 11/12/15 86 is denied without prejudice. (Plummer, M)
January 4, 2016
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ORDER signed by Magistrate Judge Allison Claire on 1/04/16 ordering that plaintiff's motions docketed 12/16/15 88 and 89 are denied as moot. (Plummer, M)
March 24, 2016
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ORDER signed by Magistrate Judge Allison Claire on 3/23/2016 DENYING plaintiff's 92 motion for appointment of an expert witness. (Yin, K)
May 24, 2016
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ORDER signed by Magistrate Judge Allison Claire on 05/24/16 ordering plaintiff's motion filed 5/20/16 103 is denied. As a 1 time courtesy, defense counsel is directed to re-serve on plaintiff by mail within 14 days after the filing date of this order, a duplicate copy of the entire declaration and exhibit filed with the court on 4/15/16, and identified on the docket as ECF 97. (Plummer, M)
February 23, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/23/2017 RECOMMENDING defendants' 94 motion for summary judgment be granted; plaintiff's 95 motion for summary judgment be denied; judgment be entered for defendants; and the Clerk be directed to close this case. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Yin, K)