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13-2653 - (PS) McDaniel v. Powell, et al.


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13-2653 - (PS) McDaniel v. Powell, et al.
March 5, 2014
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ORDER signed by Magistrate Judge Allison Claire on 3/4/14 GRANTING 2 Motion to Proceed IFP. Service is appropriate for defendants Daniel Powell, John Vilnau and the City of Davis Police Department. The Clerk shall send plaintiff 3 USM forms, 1 summons, a copy of the complaint, consent form and the court's status order. Plaintiff is directed to submit service documents to the USM, and a statement with the court that documents have been submitted within 15 days. The USM shall serve process within 90 days. (Manzer, C)
April 14, 2014
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ORDER signed by Magistrate Judge Allison Claire on 4/11/2014 ORDERING that Plaintiff's 7 Motion to Amend the Complaint is DENIED AS MOOT. Service is appropriate for the following defendants: Daniel Powell, John Vilnau, and the City of Davis Police Department. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this order is filed, all information needed by the Marshal to effect service of process of the first amended complaint, and shall file a statement with the court that said documents have been submitted to the United States Marshal. The Clerk to serve a copy of this order on United States Marshal. (Zignago, K.)
October 23, 2014
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/22/2014 GRANTING 13 Request for Judicial Notice. It is hereby RECOMMENDED that the 13 Motion to Dismiss be granted, plaintiff's sixth claim based on the alleged 2007 assault be dismissed with prejudice as time barred, plaintiff be granted leave to amend the remaining claims against defendants and plaintiff's 20, 24 Motions to reinstate her amended complaint be denied. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommmendations. (Donati, J)
November 21, 2014
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ORDER adopting in full 25 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 11/20/14. Defendants' 13 motion to dismiss is granted. Plaintiff's sixth claim based on the alleged 2007 assault is dismissed with prejudice as time barred. Plaintiff is granted leave to amend the remaining claims against defendants; should she choose to do so any amended pleading must be filed not later than 20 days following the date this Order is electronically filed. Failure to file an amended complaint within the time period established above will result in this action being dismissed in its entirety, with prejudice and without further notice. Plaintiff's 20, 24 motions to reinstate her amended complaint are denied. (Kastilahn, A)
January 26, 2015
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ORDER signed by Magistrate Judge Allison Claire on 1/23/15 ORDERING that Plaintiff's 37 motion for leave to file a third amended complaint is DENIED. Plaintiff's 39 Motion for Miscellaneous Relief is DENIED. (Kastilahn, A)
February 17, 2015
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ORDER signed by Magistrate Judge Allison Claire on 2/17/15 GRANTING 34 Motion to Dismiss, and plaintiff is GRANTED 30 days to file a Second Amended Complaint that complies with Rule 8 and cures the defects identified; the court sua sponte ORDERS plaintiff's sur-reply 42 STRICKEN, and the Clerk of the Court is DIRECTED to strike ECF No. 42 from the docket; and plaintiff must properly serve defendants with everything filed concurrently with her notice of filing documents in paper 43. (Meuleman, A)
April 6, 2015
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ORDER signed by Magistrate Judge Allison Claire on 4/3/15 ORDERING that plaintiff's 48 motion is DENIED without prejudice for failure to comply with Local Rule 137(c). If plaintiff files another motion to amend, she must attach her proposed amended complaint as well as any proposed exhibits. (Kastilahn, A)
April 16, 2015
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ORDER signed by Magistrate Judge Allison Claire on 04/15/15 ORDERING that 51 Motion for Extension of Time is GRANTED; the opposition to the motion to dismissed is due 05/13/15 and the hearing on the 47 Motion to Dismiss is RESET for 5/27/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Benson, A)
June 4, 2015
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ng served with these findings and recommendations. (Meuleman, A)FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/3/15 RECOMMENDING that 47 Motion to Dismiss, be granted without leave to amend. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days after bei
June 5, 2015
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ORDER denying 58 Motion to Amend the Complaint signed by Magistrate Judge Allison Claire on 6/4/15. (Kaminski, H)
July 16, 2015
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ORDER signed by Magistrate Judge Allison Claire on 7/16/15 ORDERING that Plaintiff's MOTION for Reconsideration 63 is DENIED. (Mena-Sanchez, L)
July 29, 2015
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ORDER signed by Magistrate Judge Allison Claire on 7/28/15 ORDERING the 65 motion STRICKEN. Plaintiff is informed that the district judge will consider the availability of amendment in ruling on the Findings and Recommendations regarding defendants' motion to dismiss. (Becknal, R)
August 20, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 8/20/2015 ACCORDINGLY pursuant to 28:915(a)(3) and Fed. R. App. P. 24(a)(3)(A), the Court certifies that Plaintiff' appeal is frivolous and her in forma pauperis status should be REVOKED. (cc: USCA 15-16565)(Reader, L)
January 18, 2018
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ORDER signed by Magistrate Judge Allison Claire on 1/17/2018 ORDERING that documents filed by plaintiff since the closing date will be DISREGARDED and no orders will issue in response to future filings. Clerk to disregard 79 Declaration. (Fabillaran, J)