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13-2208 - (PC) Mabon v. Swarthout et al


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13-2208 - (PC) Mabon v. Swarthout et al
October 23, 2013
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ORDER Transferring Case To The Sacramento Division Of The Eastern District Of California, signed by Magistrate Judge Sheila K. Oberto on 10/22/2013. (Fahrney, E)
October 25, 2013
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/25/13 ordering 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 the court. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. Plaintiff shall submit within 30 days from the date of this order, a certified copy of his prison trust account statment for the 6 month period immediately preceding the filing of the complaint. (Plummer, M)
December 4, 2013
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/4/13 ORDERING that plaintiff show cause, within fourteen days, why this action should not be dismissed without prejudice.(Dillon, M)
May 5, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Troy Mabon, Jr signed by Magistrate Judge Kendall J. Newman on 5/5/2014. CDCR is to 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)
April 16, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/15 ORDERING that the motion to modify the discovery and scheduling order (ECF No. 32) is granted. The parties may conduct discovery until June 2, 2015. Any motions necessary to compel discovery shall be filed by that date. All pretrial motions, except motions to compel discovery, shall be filed on or before August 25, 2015. In all other respects, the December 15, 2014 order remains in effect.(Dillon, M)
February 3, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/2016 GRANTING defendants' 52 motion for an extension of time, nunc pro tunc, to oppose plaintiff's motion to compel; plaintiff's 49 motion to compel is deemed WITHDRAWN; plaintiff's 50 request for additional discovery and production of discovery, construed as a request under Rule 56 of the Fed. R. Civ. P., is DENIED; plaintiff's 50 request for additional orders is DENIED; and plaintiff is granted 30 days to file an opposition to the motion for summary judgment, defendants' reply shall be filed 14 days thereafter. (Yin, K)
February 4, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/4/2016 GRANTING 42 Request to Seal Document(s); ORDERING that said document(s) remain sealed until the termination of this action, at which time, they will either be destroyed or returned to defense counsel. (Michel, G.)
October 25, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/25/16 RECOMMENDING that defendants' motion for summary judgment (ECF No. 36) be denied in part, and granted as follows: Dismissal of plaintiff's claims against defendants Jefferson and Marquez based on an alleged failure to exhaust administrative remedies be denied; Plaintiff's due process challenges to his October 30, 2010 initial placement in the ASU, and to the ICC classification hearings held on November 4, 2010, December 23, 2010, and April 21, 2011, be dismissed without prejudice based on his failure to exhaust administrative remedies; and Judgment on plaintiff's remaining claims be granted; Plaintiff's request for injunctive relief be denied; and the Clerk be directed to enter judgment accordingly and close this case. Referred to Judge William B. Shubb; Objections to F&R due within 14 days.(Dillon, M)