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13-2518 - (PC) Dushane v. Sacramento County Jail


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13-2518 - (PC) Dushane v. Sacramento County Jail
February 6, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 02/06/14 ordering that plaintiff has 30 days from the date of this order to submit the required trust account statement. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
April 9, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 04/09/14 ordering plaintiff's 03/10/14 motion to proceed in forma pauperis 15 is granted. Plaintiff's 1/13/14 motion for preliminary injunction 11 is denied without prejudice. Plaintiff's 1/31/14 motion for an order to allow access to the law library 12 is denied without prejudice. Plaintiff's 2/14/14 motion for leave to file an amended complaint 14 is granted. Plaintiff shall have 30 days from the date of this order to file such amended complaint or inform the court that he wishes to proceed on the second amended complaint filed 12/23/13. (Plummer, M)
April 9, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jasen Lynn Dushane signed by Magistrate Judge Edmund F. Brennan on 04/09/14. The Sheriff of Sacramento County shall 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 Sheriff of Sacramento County. Clerk to also serve Financial with a copy of this order. (cc: Financial)(Plummer, M)
August 6, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 08/05/14 denying Motions to Appoint Counsel 18,22. The fourth amended complaint 21 is dismissed with leave to amend as noted in this order. If plaintiff elects to file an amended complaint to cure the deficiencies noted in this order, he shall do so within 30 days of the date of service of this order. (Plummer, M)
February 10, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/10/15 ORDERING that Plaintiffs motion for reconsideration 28 is denied. Plaintiffs claims regarding cleaning equipment and being housed with dangerous inmates are dismissed without leave to amend as discussed in the body of this order. The fifth amended complaint 29 is DISMISSED with leave to amend as noted in this order. If plaintiff elects to file an amended complaint to cure the deficiencies noted in this order, he shall do so within 30 days of the date of service of this order.(Dillon, M)
April 28, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/27/15 ORDERING that ECF No. 33, labelled by Plaintiff as his "Sixth Amended Complaint" is DISREGARDED. ECF No 36, labelled by Plaintiff as a "Supplemental Complaint" is construed as Plaintiff's sixth Amended Complaint and will serve as his currently-operative pleading in this case. Sacramento County Sheriff's Department is dismissed from this action. With this order the Clerk shall provide to Plaintiff a blank summons, a copy of the supplemental complaint filed 3/2/15 (ECF No. 36), seven USM-285 form and instructions for service of process on Sacramento County, Scott Jones, Rider, Massa, Andris, Pattison, and Reed. Within 30 days of service of this order Plaintiff may return the attached Notice of Submission of Documents with the completed summons, the completed USM-285 forms, and eight copies of the 3/2/15 Complaint (i.e. ECF No. 36). The court will transmit them to the USM for service of process. If Plaintiff elects to file an amended complaint to cure the deficiencies noted in this order, he shall do so within 30 days of the date of service of this order. Plaintiff's MOTION for an order granting library access 30 is DENIED without prejudice. (Mena-Sanchez, L)
December 11, 2015
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RELATED CASE ORDER signed by Magistrate Judge Edmund F. Brennan on 12/10/15 ordering that the actions denominated 2:15-cv-136 TLN CKD P and 2:15-cv-2319 CKD P, and the same hereby are reassigned to District Judge Troy L. Nunley and Magistrate Judge Edmund F. Brennan for all further proceedings. Henceforth the captions on all documents filed in these reassigned cases shall be shown as 2:15-cv-0136 TLN EFB P or 2:15-cv-2319 TLN EFB P. It is further ordered that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Plummer, M) Modified on 12/11/2015 (Plummer, M).
December 29, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/29/15 ordering Warden Isidro Baca and law librarian Pauline Simmons to provide plaintiff with adequate postage to mail his legal documents to the courts in which plaintiff has active cases pending. The clerk of the court shall serve a copy of this order on Warden Isidro Baca at the address provided in ECF 43. (Plummer, M)
February 25, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 02/24/16 ordering plaintiff has filed several motions alleging the inadequacy of his access to research materials and supplies at his current institution of incarceration, Northern California Correctional Center 39, 42, 46. Pursuant to Local Rule 230(l), defendants shall file an opposition to these motions, or a statement of non-opposition, not more than 21 days from the date of this order. (Plummer, M)
March 24, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/23/16 ordering plaintiff's 12/18/15 (Case No. 2:15-cv-0136 52) and 12/28/15 motions for appointment of counsel (2:13-cv-2518, 52) are granted. James V. Weixel Jr. is appointed as counsel in the above entitled matters for the purpose of pursuing these four related actions on plaintiff's behalf for the limited purposes of preparing and responding to discovery, preparing and responding to pretrial motions, settlement negotiations, and other pretrial matters, including the preparation of a brief discussing whether the related actions are brought pursuant to 42 USC 1983 or Bivens v. Six Unknown Agents, 403 U.S. 388 (1971). Plaintiff's 5/26/15 motions regarding jurisdiction (Case No. 2:14-cv-2484, 12, 13) are denied without prejudice. Appointed counsel is directed to file a brief or, if necessary and appropriate motion, regarding the proper jurisdictional basis of these cases within 60 days of the date of this order. Defendants shall file a responsive brief within 21 days of the date of service of plaintiff's counsel's brief. Plaintiff's motions contesting the limitations placed on his access to the law library, persons trained in the law, and legal supplies (Case No. 2:13-cv-2518, 42, 46, 47; Case No. 2:14-cv-2484, 22, 25; Case No. 2:15-cv-0136 46, 50) are denied without prejudice. Plaintiff's 12/21/15 motion to compel (Case No. 2:14-cv-2484 23) and motion for an extension of the discovery deadline (Case No. 2:14-cv-2484 24) are denied without prejudice. Plaintiff's 12/14/15 motion to compel (2:15-cv-0136 51)is denied without prejudice. Appointed counsel is directed to refile these discovery motions, if he deems it appropriate, with the proper briefing and support within 90 days of the date of this order. The clerk of the court shall serve a copy of this order upon James V. Weixel, Jr., Weixel Law Office, 150 Post Street, Suite 520, San Francisco, CA 94108. (Plummer, M)
April 26, 2016
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ORDER RE SETTLEMENT and DISPOSITION signed by Magistrate Judge Edmund F. Brennan on 4/26/2016 ORDERING all pending deadlines set in this matter are VACATED. It is further ORDERED that dispositional documents shall be filed no later than 60 days from the date of this order. (Yin, K)