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13-2064 - (PC) Dearwester v. Sacramento County Sheriff's Department


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13-2064 - (PC) Dearwester v. Sacramento County Sheriff's Department
October 18, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/17/13 ORDERING that 2 Motion to Proceed IFP is DENIED without prejudice; Plaintiff shall submit, within 30 days from the date of this order, a completed and current affidavit in support of his request to proceed in forma pauperis on the form provided; 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)
July 18, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Frank Lee Dearwester signed by Magistrate Judge Dale A. Drozd on 07/18/14. 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)
November 14, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/13/14 denying 21 Motion for leave to amend and granting 22 Motion for Extension of time. Plaintiff is granted 30 days from the date of service of this order in which to file and serve an opposition to defendant's motion to dismiss. Any reply shall be filed and served in accordance with Local Rule 230(l). (Plummer, M)
January 6, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/06/15 granting 24 Motion for Extension of time. Plaintiff is granted 30 days from the date of service of this order in which to file an opposition to defendant's motion to dismiss. Defendant shall file any reply in accordance with Local Rule 230(l). Plaintiff's motion for appointment of counsel 25 is denied. (Plummer, M)
June 12, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/11/15 RECOMMENDING that Defendants motion to dismiss (Doc. No. 20) be granted in part and denied in part as follows: a. Defendants motion to dismiss plaintiff's claims asserted on behalf of third parties be granted;b. Defendant's motion to dismiss plaintiffs First Amendment claim for failure to allege an "injury in fact" be denied; c. Defendants motion to dismiss plaintiffs request for injunctive relief as having been rendered moot be granted; and Defendant be directed to file an answer to plaintiffs First Amendment claim for damages based on the postcard-only mail policy at the Sacramento County Main Jail within thirty days of any order adopting these findings and recommendations. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
July 21, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 7/17/2015 ORDERING that the 32 findings and recommendations are ADOPTED in full. Defendant's 20 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Defendant is directed to file, within thirty (30) days of the date this Order is electronically filed, an answer to Plaintiff's First Amendment claim for damages based on the postcard-only mail policy at the Sacramento County Main Jail. (Zignago, K.)
April 6, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/06/16 ordering defendant's motion to compel 39 is granted. Within 30 days of the date of this order, plaintiff shall respond to defendant's interrogatories, Set One, and defendant's request for production of documents, set one if he has not done so already. Plaintiff's motion to compel 42 is denied. (Plummer, M)
July 13, 2016
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ORDER signed by District Judge Morrison C. England, Jr on 7/12/16 ORDERING that plaintiff's motion for reconsideration (ECF No. 60) is DENIED. (Becknal, R)
December 30, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/29/16 RECOMMENDING that defendant's motion to strike plaintiff's opposition filed April 11, 2016 (ECF No. 57) be denied; Defendant's motion to strike plaintiff's opposition documents filed August 8, 2016 (ECF No. 73) be denied; Defendant's motion for summary judgment (ECF No. 52) be denied; and plaintiff's request for sanctions (ECF No. 56) be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Dillon, M)
March 23, 2017
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] Motion for Summary Judgment and 56 Request for Sanctions are DENIED. (Donati, J)ORDER signed by District Judge Morrison C. England, Jr on 3/22/2017 ADOPTING 75 Findings and Recommendations in full, to the extent that they recommend denying all pending motion, with the exception of Defendant's 73 Motion to Strike Plaintiff's Opposition documents, which is GRANTED-IN-PART and DENIED-IN-PART. Plaintiff's 65, 67, 68, 69, 70, and 71 shall be STRICKEN. As to 57 and 66 Oppositions, Defendant's Motion to Strike is DENIED. Defendant's [52
May 26, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 5/25/2017 DENYING 79 Motion to Appoint Counsel. (Henshaw, R)
June 22, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 6/22/2017 GRANTING 82 Motion for Extension of Time. Plaintiff to file pretrial statement by 7/24/2017 and Defendant to file pretrial statement by 8/7/2017. (Henshaw, R)
August 9, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 08/09/17 ORDERING that, upon reconsideration, the 80 05/26/17 Order of the Magistrate Judge is AFFIRMED. (Benson, A.)
September 8, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 09/07/17 DENYING 88 Motion for Certificate of Appealability. (Plummer, M)
October 31, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 10/30/17 ORDERING that within 20 days of the date of this order, each party shall file a statement informing the court about the status of settlement discussions and whether a formal settlement conference before a judge would be helpful. (Plummer, M)
January 17, 2018
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 1/16/2018 ORDERING this case is DISMISSED pursuant to Rule 41(a)(1)(A)(ii), each party to bear their own attorney's fees and costs. CASE CLOSED. (Zignago, K.)