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13-1277 - (PC) Scherffius v. Smith, et al.


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13-1277 - (PC) Scherffius v. Smith, et al.
June 25, 2013
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ORDER OF TRANSFER. Accordingly, this case is TRANSFERRED to the United StatesDistrict Court for the Eastern District of California. The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California. Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Michael E. Scherffius. Signed by Judge Edward J. Davila on 6/24/2013. (ecg, COURT STAFF) (Filed on 6/25/2013) [Transferred from cand on 6/26/2013.]
July 21, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/18/2014 GRANTING plaintiff's 2 motion to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; DISMISSING plaintiff's complaint with leave to file an amended complaint within 30 days; and the Clerk shall send plaintiff the form for filing a civil rights action. (Yin, K)
July 21, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael E. Scherffius signed by Magistrate Judge Dale A. Drozd on 7/18/2014. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 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)
March 16, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 03/14/15 ordering plaintiff's amended complaint 20 is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. The clerk of the court is directed to send plaintiff the court's form for filing a civil rights action. (Plummer, M)
June 20, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 06/15/17 granting 43 Motion for Extension of time. The deadline for filing pre-trial motions is extended through 8/02/17. Plaintiff's motion for appointment of counsel 44 is denied without prejudice. (Plummer, M)
August 29, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 8/28/2017 ORDERING, within 10 days, defendants shall file a response to plaintiff's 51 motion to stay. (Yin, K)
September 13, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/12/2017 DENYING as moot plaintiff's 50 motion for an extension of time to file a response to defendants' summary judgment motion; and the Clerk shall assign a district court judge to this case. IT IS RECOMMENDED that plaintiff's 51 motion for a stay be granted; this case be stayed; and plaintiff be ordered to notify the court within 120 days about the status of his health and whether the stay should remain in place. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
February 15, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/14/2018 RECOMMENDING the stay of these proceedings set out in the court's 10/18/2017 order be continued and this case remain administratively closed; and plaintiff be ordered to notify the court within 120 days about the status of his health and whether the stay should remain in place. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)
March 15, 2018
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ORDER signed by District Judge Garland E. Burrell, Jr on 3/15/2018 ADOPTING 60 Findings and Recommendations in full and GRANTING 57 Motion for Continuance of the Stay. The stay of these proceedings set out in the courts 10/18/2017 order is CONTINUED and this case remains administratively closed. Plaintiff shall notify the court within 120 days about the status of his health and whether the stay should remain in place. (Hunt, G)