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13-1952 - (PC) Garcia v. California Department of Correction & Rehabilitation, et al


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13-1952 - (PC) Garcia v. California Department of Correction & Rehabilitation, et al
January 22, 2014
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ORDER signed by Magistrate Judge Allison Claire on 01/21/14 granting 2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. Plaintiff's complaint is dismissed for the reasons discussed above, with leave to file an amended complaint within 28 days from the date of service of this order. (Plummer, M)
January 22, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Danny R. Garcia signed by Magistrate Judge Allison Claire on 01/21/14. 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)
May 8, 2014
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ORDER signed by Magistrate Judge Allison Claire on 5/8/2014 GRANTING plaintiff's 12 request for an extension fo time; plaintiff has 30 days to file an amended complaint ; and DENYING plaintiff's 12 motion for the appointment counsel. (Yin, K)
July 18, 2014
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ORDER signed by Magistrate Judge Allison Claire on 7/18/14 DENYING 14 15 Motions to Appoint Counsel; GRANTING 14 15 Motions for Extension. Plaintiff is GRANTED an additional 60 days to file an amended complaint, but there will be no further extension; and the Clerk is DIRECTED to re-serve plaintiff with a copy of the 6 1/22/14 order. (Meuleman, A)
April 22, 2015
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ORDER signed by Magistrate Judge Allison Claire on 04/21/15 ORDERING that the 23 Motion to Appoint Counsel is DENIED without prejudice. (Benson, A)
June 4, 2015
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ORDER signed by Magistrate Judge Allison Claire on 06/04/15denying 29 Motion to Appoint Counsel. Plaintiff shall no later than 7/31/15, serve his responses to all outstanding discovery requests. If plaintiff has discovery requests for defendants, he shall serve such requests not later than 06/26/15. The discovery deadline in this action is extended from 07/10/15 to 8/28/15. The dispositive motion deadline is extended from 10/02/15 to 11/20/15. (Plummer, M)
June 22, 2015
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ORDER signed by Magistrate Judge Allison Claire on 06/22/15 ordering that within 21 days after the filing date of this order, plaintiff shall file a statement that provides the following information: (See order for further details). (Plummer, M)
August 10, 2015
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ORDER signed by Magistrate Judge Allison Claire on 0810/15 ordering plaintiff's sixth request for the appointment of counsel 31 is denied without prejudice. Plaintiff's request for leave to proceed on his second amended complaint is denied. Defendant's motion to strike 36, plaintiff's proposed second amended complaint is granted. The clerk of court shall designate on the docket that this action proceeds only on plaintiff's first amended complaint filed 9/18/14 17; the putative complaints filed on 6/29/15 33, proposed second amended complaint, and 7/08/15 34, copy of first amended complaint shall be stricken. (Plummer, M)
October 7, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/6/2015 ORDERING plaintiff to file and serve, within 21 days, an opposition to the 41 motion for summary judgment or a statement of non-opposition thereto. (Yin, K)
November 12, 2015
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ORDER signed by Magistrate Judge Allison Claire on 11/10/15 ordering defendants' motion to modify the scheduling order 48 is denied without prejudice; the court will set a new dispositive motion deadline after resolution of defendants' pending motion for summary judgment premised on plaintiff's alleged failure to exhaust his administrative remedies. Plaintiff's motion for summary judgment on the merits of his claims 45 is denied without prejudice to the re-filing of his motion following the court's resolution of defendants' exhaustion motion and the setting of a new dispositive motion deadline. (Plummer, M)
January 6, 2016
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ORDER signed by Magistrate Judge Allison Claire on 1/05/16 vacating 41 Motion for Summary Judgment without prejudice to its refilling and re-service within 14 days after the filing date of this order. Plaintiff shall file and serve a comprehensive opposition within 21 days after service of the motion; defendants may file a reply within 7 days after the electronic filing of plaintiff's opposition. The filing of a surreply is not authorized and any such document will not be considered. Plaintiff's motion for extension of time 53 and defendants' motion to strike 52 are denied as moot. (Plummer, M)
February 3, 2016
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ORDER signed by Magistrate Judge Allison Claire on 2/2/2016 GRANTING plaintiff's 58 request for an extension of time to file an opposition to defendants' pending motion for summary judgment. Plaintiff shall file and serve his opposition on or before 3/25/2016. Defendant's may file and serve a reply within 14 days after service of plaintiff's opposition. Plaintiff's 57 motion for judicial notice is DENIED without prejudice. (Yin, K)
March 15, 2016
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ORDER signed by Magistrate Judge Allison Claire on 3/14/2016 GRANTING plaintiff's 65 motion to file and serve a surreply; plaintiff's surreply shall not exceed 25 pages, including exhibits, and shall be filed and served within 14 days. Plaintiff's 61 motion to reopen discovery is DENIED without prejudice. (Yin, K)
August 17, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 08/17/16 recommending that the motion for summary judgment filed by defendants Bradley, Heath, Perez, Torres and Vallery 56 be granted. Defendants Bradley, Heath, Perez, Torres and Vallery be dismissed from this action. This action proceed only against defendant Mendoza on plaintiff's retaliation claims. MOTION for SUMMARY JUDGMENT 56 referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
September 8, 2016
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ORDER signed by Magistrate Judge Allison Claire on 09/07/16 ordering Plaintiffs motions for appointment of counsel, ECF Nos. 69 & 72, are denied without prejudice. Plaintiffs motion for a subpoena and/or summons, ECF No. 70, is denied. Plaintiffs motion for an evidentiary hearing, ECF No. 71, is denied. Plaintiffs motion for extended time, ECF No. 73, is granted. Plaintiff shall file and serve his objections to the pending findings and recommendations on or before Monday, September 19, 2016. No further extensions of time will be granted. (Plummer, M) Modified on 9/8/2016 (Plummer, M).
September 27, 2016
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ORDER signed by Magistrate Judge Allison Claire on 9/26/2016 DENYING without prejudice plaintiff's 76 motion "requesting appointment of counsel and to re-open discovery to enter supplemental argument". (Yin, K)
December 27, 2016
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ORDER signed by District Judge John A. Mendez on 12/27/2016 ADOPTING IN FULL 68 Findings and Recommendations; and GRANTING 56 Motion for Summary Judgment. Defendants Bradley, Heath, Perez, Torres and Vallery are DISMISSED from this action due to plaintiff's failure to exhaust his administrative remedies against these defendants; and this action shall proceed only against defendant Mendoza on plaintiff's retaliation claims. (Jackson, T)
February 17, 2017
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ORDER signed by Magistrate Judge Allison Claire on 2/17/2017 GRANTING plaintiff's 83 request for a stay of this action, including all discovery, until further order of this court; all previously set deadlines are SUSPENDED until further order of this court; plaintiff shall file and serve a statement within 14 days after the Ninth Circuit Court of Appeals rules on his pending interlocutory appeal. (Yin, K)
April 20, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/19/2017 ORDERING the Settlement Conference set for 6/5/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Confidential Settlement Conference Statements due by 5/26/2017. The Deadlines set forth in the 87 Scheduling Order are VACATED and Plaintiff's 90 Motion to Stay is DENIED as moot. (cc Judge Delaney) (Donati, J)
April 20, 2017
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, CA. (cc Out-to-Court Desk) (Donati, J)ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Allison Claire on 4/19/2017 ORDERING the Warden of CTF to produce inmate Danny R. Garcia for Settlement Conference Hearing on 6/5/2017 at 9:30am in Courtroom 24 in Sacramento
May 10, 2017
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isting plaintiff with preparing for and participating in the settlement conference scheduled in this case for June 5, 2017. Michael E. Vindings appointment will terminate fifteen days after completion of the settlement conference, or any continuation of the settlement conference. The Clerk of the Court is directed to serve a copy of this order upon Michael E. Vinding,Brady & Vinding, 400 Capitol Mall, Suite 2640, Sacramento, CA 95814. (Plummer, M) Modified on 5/11/2017 (Plummer, M).ORDER signed by Magistrate Judge Allison Claire on 05/09/17 granting in part93 Motion to Appoint Counsel. Michael E. Vinding is appointed as limited purpose counsel in the above entitled matter. This appointment is for the limited purpose of ass
May 30, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 05/30/17 ordering the Custodian to produce Danny R. Garcia on 6/05/17 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD and CKD) (Plummer, M)
June 29, 2017
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ORDER and FURTHER SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 6/29/2017 DENYING 97 Motion for Summary Judgment. Discovery due by 9/29/2017. All pretrial dispositive motions shall be filed and served on or before 12/15/2017. (Henshaw, R)
July 25, 2017
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ORDER signed by Magistrate Judge Allison Claire on 07/25/17 ordering Plaintiffs request for permission to file a supplemental motion for summary judgment,104, and plaintiffs supplemental motion for summary judgment, 105, are denied without prejudice. The parties may conduct discovery until September 29, 2017. Any motions necessary to compel discovery shall be filed and served by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date. No pretrial dispositive motion shall be filed prior to the close of discovery; therefore,all pretrial disposition motions (e.g., motions for summary judgment) must be filed and served on or after October 2, 2017. All pretrial dispositive motions shall be filed and served no later than December 15,2017. Motions shall be briefed in accordance with paragraph 8 of this courts order filed January 6, 2015 20. (Plummer, M) Modified on 7/25/2017 (Plummer, M).
September 7, 2017
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ORDER signed by Magistrate Judge Allison Claire on 9/7/2017 DENYING plaintiff's 107 motion and the Clerk shall note on the docket plaintiff's current address of record. (Yin, K)
October 11, 2017
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ORDER signed by Magistrate Judge Allison Claire on 10/10/2017 DENYING plaintiff's 109 motion to file a Third Amended Complaint and to reopen discovery. (Yin, K)
November 1, 2017
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ORDER signed by Magistrate Judge Allison Claire on 10/31/2017 DENYING 114 Request for Appointment of Counsel without prejudice. Plaintiff shall, within 21 days after service of defendants pending motion for summary judgment, either (1) file and serve a response to defendants motion, or (2) submit a request that this action be voluntarily dismissed pursuant to Rule 41(a)(2), Federal Rules of Civil Procedure. (Hunt, G)
December 7, 2017
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ORDER signed by Magistrate Judge Allison Claire on 12/07/17 DENYING 116 Motion to disqualify the undersigned magistrate judge from this action. Plaintiff may file and serve his opposition to defendants pending motion for summary judgment within twenty-one days after the filing date of this order; no further extensions of time will be granted absent extraordinary circumstances. (Plummer, M) Modified on 12/7/2017 (Plummer, M).
January 23, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/22/18 RECOMMENDING that this action be dismissed without prejudice pursuant to Rule 41(b), Federal Rules of Civil Procedure. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)