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13-2083 - (PC) Lavery v. Dhillon


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13-2083 - (PC) Lavery v. Dhillon
October 4, 2013
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ORDER OF TRANSFER. Signed by Judge Thelton E. Henderson on 10/04/2013. (Attachments: #(1) Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 10/4/2013) [Transferred from cand on 10/8/2013.]
November 22, 2013
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ORDER signed by Magistrate Judge Allison Claire on 11/21/13 ordering plaintiff's request for leave to proceed in forma pauperis 6 is granted. 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. The 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. Plaintiff's request for appointment of counsel 17 is denied. (Plummer, M)
November 22, 2013
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Joseph Lavery signed by Magistrate Judge Allison Claire on 11/21/13. CDC is to make payments to 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)
January 6, 2014
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ORDER signed by Magistrate Judge Allison Claire on 01/03/14 ordering plaintiff's requests for appointment of counsel 24, 26 are denied. Plaintiff's motions for an extension of time 26, 27 are granted. Plaintiff is granted 30 days from the date of this order in which to file an amended complaint. (Plummer, M)
June 16, 2015
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ORDER signed by Magistrate Judge Allison Claire on 6/15/2015 DENYING without prejudice plaintiff's 38, 40, 45, 48 motions for appointment of counsel. Plaintiff's 51 request for a court order is DENIED as to plaintiff's request for paper and envelopes, and GRANTED to the extent that the Deputy Attorney General shall file a statement within 7 days, describing any writing-related accomodations available to plaintiff. Plantiff's 49 request for status regarding a mising file is DENIED. (Yin, K)
July 2, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr on 6/30/2015 DENYING plaintiff's 63 motion for reconsideration. (Yin, K)
March 7, 2016
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ORDER signed by Magistrate Judge Allison Claire on 3/7/16 ORDERING that plaintiff's requests for accommodations (57, 58, 65, 71, 76, 77, 80) are GRANTED in part and DENIED in part. Plaintiff's request for a court order granting access to a typewriter is DENIED without prejudice. Plaintiff's request for assistance using the E-law library is GRANTED to the extent that the Deputy Attorney General is directed to file within 10 days from the filing date of this order an updated statement of accommodations, as set forth above; Plaintiff's request to speak with the court by phone (ECF No. 62) is DENIED; Plaintiff's motion for an extension of time (ECF No. 70) is DENIED; Within 30 days from the filing date of this order, plaintiff shall file the documents referenced in his first amended complaint that support his allegations against defendants Dhillon, Clark, Ditomas, and Rading. Defendant Clark, Rading, and Ditomas motion to dismiss (ECF No. 47) and defendant Dhillons motion to dismiss (ECF No. 53) are VACATED without prejudice to renewal once plaintiff files the above exhibits. (Dillon, M)
August 29, 2016
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/26/2016 ORDERING within 30 days, plaintiff shall return the attached "Notification to Court" form indicating whether he wishes to proceed with this action. IT IS RECOMMENDED that plaintiff's 81 motion for preliminary injuctive relief and a temporary retraining order be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
September 29, 2016
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ORDER signed by Magistrate Judge Allison Claire on 09/29/16 ordering in order to protect plaintiffs rights, secure independent review by the assigned district judge, and preserve issues for appeal, the court will construe plaintiffs recent submission 108 as an objection to the recommendation that plaintiffs motion for preliminary injunctive relief and a temporary restraining order be denied, and to any and all findings and factand conclusions of law on which that recommendation is based. Plaintiff need take no further action in order for his objections to be considered. The district court will consider the arguments that plaintiff has previously made regarding his motion for preliminary injunctive relief, and will review the issue de novo. (Plummer, M) Modified on 9/29/2016 (Plummer, M).
September 30, 2016
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MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 09/30/2016 ADOPTING IN FULL 108 Findings and Recommendations; and DENYING Plaintiff's 81 Motion for Preliminary Injunction Relief and a Temporary Restraining Order. (Jackson, T)
December 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 12/09/16 ordering Plaintiffs motion to dismiss 101, motions for the appointment of counsel 104, 114, motion for court assistance 105 and motion for conference 116 are DENIED as moot. Within thirty (30) days after the filing date of this order, plaintiff shall file either (1) a single document labeled Exhibits to the First Amended Complaint, which includes all the documents referenced in the first amended complaint that support plaintiffs allegations against defendants, thereby demonstrating his desire to proceed on the first amended complaint; OR (2) amotion to amend accompanied by a proposed second amended complaint. Any motion to amend, and all future motions in this case, shall be filed pursuant toLocal Rule 230(b)-(j); subsection (l) of Local Rule 230 no longer applies as plaintiff is no longerproceeding in pro per. (Plummer, M) Modified on 12/12/2016 (Plummer, M).
January 13, 2017
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/12/17 ordering plaintiff may have a 30 day extension of time to and including 2/10/17, within which plaintiff may respond to the Court's order of 12/12/16 118. (Plummer, M)
February 16, 2017
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ORDER signed by Magistrate Judge Allison Claire on 02/16/17 ordering defendants Dhillon, Clark, Rading and DiTomas are granted an extension of time through and including 3/24/17 to respond to plaintiff's Supplemental First Amended Complaint. 121(Plummer, M)
April 24, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/21/17 ordering the hearing on defendants' motions to dismiss 124, 125 which is presently set for 05/03/17 is continued until 5/17/17 at 10:00 a.m. in courtroom 26 before the undersigned. Plaintiff's counsel shall file written oppositions to defendants' motions or statements of non-opposition thereto, on or before 5/03/17. Defendants may file a written reply to plaintiff's opposition, if any, on or before 5/10/17. (Plummer, M)
May 2, 2017
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d Complaint to be filed within 30 days of this order's entry. (Henshaw, R)ORDER signed by Magistrate Judge Allison Claire on 5/1/2017 SUMMARILY GRANTING 124 and 125 Motions to Dismiss; GRANTING 129 Motion to Amend the Complaint; and VACATING motions hearing scheduled for 5/17/2017. Plaintiff's Second Amende
June 9, 2017
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[VACATED per 137 ORDER] ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 06/08/17 ORDERING the clerk of the court shall add "John Doe" - a registered nurse at California Medical Facility - to the docket as a defendant. Plaintiff must identify "John Doe" within 60 days of this order's entry so that service may be attempted. Also, RECOMMENDING that plaintiff's Eighth Amendment claims for deliberate indifference toward a serious medical need against defendants Dhillon, Rading, Ditomas, and Clark be dismissed without leave to amend. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M) Modified on 7/11/2017 (Henshaw, R).
July 11, 2017
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ORDER signed by Magistrate Judge Allison Claire on 7/10/17 ordering The findings and recommendations filed June 9, 2017 135 are VACATED. Plaintiff must file a third amended complaint within thirty days of the date of this orders entry. Any requests for extension of time with respect to the foregoing deadline must be accompanied by a written statement explaining what steps plaintiffs counsel has undertaken to submit an adequate complaint.(Plummer, M) Modified on 7/11/2017 (Plummer, M).
September 19, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 09/18/17 ORDERING that this action will proceed based on plaintiff's Eighth Amendment claim for deliberate indifference against defendant Dhillon and his state law negligence claims against defendant Doe. Also, RECOMMENDING that plaintiff's Eighth Amendment claims for deliberate indifference toward a serious medical need against defendants Rading, Ditomas and Clark be dismissed without leave to amend. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
December 5, 2017
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ORDER signed by District Judge Morrison C. England, Jr on 12/4/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/19/17 144 are ADOPTED in full; and Plaintiff's Eighth Amendment claims for deliberate indifference toward a serious medical need against Defendants Rading, Ditomas, and Clark are DISMISSED without leave to amend. (Mena-Sanchez, L)
March 22, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/21/18 RECOMMENDING that plaintiff's motion to amend 15 be denied. Defendant John Doe be dismissed with prejudice; and the case proceed on plaintiff's Eighth Amendment claim against defenant Dhillon only. Motion to Amend 151 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
May 8, 2018
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 5/8/2018 ORDERING the custodian to produce Joseph Lavery T-07458, to appear by video-conferencing before Magistrate Judge Allison Claire on 6/6/2018 at 10:00 a.m.; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Warden. (cc: I.T. Dept.)(Yin, K)
June 14, 2018
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#039;s Eighth Amendment claim against defendant Dhillon only. (Fabillaran, J)ORDER ADOPTING 156 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge Morrison C. England, Jr on 6/13/2018 DENYING Plaintiff's 151 Motion to Amend; DISMISSING with prejudice Defendant John Doe. The case is to proceed on Plaintiff&
July 12, 2018
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ORDER signed by Magistrate Judge Allison Claire on 07/12/18 GRANTING 169 Motion to Appoint Counsel. Rebecca A. Weinstein-Hamilton is appointed as counsel in this action for the limited purpose of completing discovery. Rebecca A. Weinstein-Hamiltons appointment will terminate upon expiration of the modified discovery deadlines which are to be determined by the parties. However, prior to the termination of the appointment, counsel will be given the option to continue to represent plaintiff beyond discovery proceedings. Within thirty days of the date of issuance of this order, counsel for the parties are to: (1) meet and confer in order to determine mutually agreed upon modified discovery deadlines, and (2) file a joint statement with the court informing it of all agreed upon dates. Plaintiffs June 2018 motion to compel 171 is DENIED. The Clerk of the Court is directed to serve a copy of this order on Rebecca A. Weinstein-Hamilton, Law Office of Rebecca Weinstein-Hamilton, 4034 Prairie Falcon Dr., El Dorado Hills, CA 95762.(Plummer, M)
August 8, 2018
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ORDER signed by Magistrate Judge Allison Claire on 08/07/18 ORDERING by August 24, 2018, plaintiffs counsel shall inform the court of the date she ultimately schedules to meet with plaintiff, and within seven days of meeting with plaintiff, plaintiffs counsel shall inform the court whether an additional meeting date with plaintiff is needed or if discovery can proceed. Thereafter, the court will revisit issuing a modified scheduling order that takes into consideration the time parameters in the parties joint statement and stipulation re: discovery dates and deadlines.(Plummer, M) Modified on 8/8/2018 (Plummer, M).
October 23, 2018
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ORDER signed by Magistrate Judge Allison Claire on 10/23/18 DENYING 173 Motion to intervene. Plaintiff's counsel shall inform the court within 7 days whether additional time is needed to meet with and/or interview plaintiff. (Coll, A)