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14-057 - (PC) Franklin v. Foulk


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14-057 - (PC) Franklin v. Foulk
April 22, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/22/14 ORDERING that Plaintiff shall submit, within thirty days from the date of this order, either the $350.00 filing fee plus the $50.00 administrative fee or a properly completed application to proceed in forma pauperis on the form provided with this order; and Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.(Dillon, M)
May 29, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/28/2014 GRANTING plaintiff's 8 motion to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; DISMISSING plaintiff's complaint with leave to amend within 30 days; and the Clerk shall send plaintiff a form for filing a civil rights action. (Yin, K)
May 29, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Johnny L. Franklin, Jr. signed by Magistrate Judge Dale A. Drozd on 5/28/2014. CDCR shall 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)
March 9, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/6/2015 DENYING plaintiff's 37 motion for appointment of counsel. (Yin, K)
June 24, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/23/15 RECOMMENDING that Defendants Dr. Syversons motion to dismiss (Doc. No. 24) be granted; Defendant Dr. Syversons motion for summary judgment (Doc. No. 46) be denied as having been rendered moot; and Defendant Dr. Syverson be dismissed from this action. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
June 24, 2015
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 6/23/15 ORDERING that Defendants' motion to modify the scheduling order (Doc. No. 43) is GRANTED; and Defendants shall file a dispositive motion on or before August 7, 2015. It is RECOMMENDED that Defendants' motion to dismiss (Doc. No. 23) be granted in part and denied in part as follows: a. Defendants' motion to dismiss plaintiffs claims against defendants Foulk and Zamora be granted; and b. Defendants motion to dismiss plaintiffs claims against defendants Ray and Kelsey be denied. Defendants Foulk and Zamora be dismissed from this action; and within thirty days of any order adopting these findings and recommendations, defendants Ray and Kelsey be directed to file an answer in this action. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
July 20, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 7/17/2015 DENYING plaintiff's 48 motion to compel, as untimely. (Yin, K)
August 6, 2015
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ORDER signed by Judge Kimberly J. Mueller on 8/6/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/24/15 51 are ADOPTED in full; Defendant Dr. Syverson's MOTION to DISMISS 24 is GRANTED; Defendant Dr. Syverson's MOTION for SUMMARY JUDGMENT 46 is DENIED as having been rendered moot; and Defendant Dr. Syverson is DISMISSED from this action. (Mena-Sanchez, L)
October 2, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/1/15 DENYING AS MOOT 54 Motion to Stay; GRANTING 55 Motion to Modify the Discovery and Scheduling Order. Dispositive Motions due by 12/7/2015. Except as otherwise stated in this order, the court's discovery and scheduling order remains in effect. (Meuleman, A) Modified on 10/5/2015 (Meuleman, A).
November 12, 2015
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ORDER signed by Magistrate Judge Allison Claire on 11/10/2015 DENYING without prejudice plaintiff's 61 motion for a settlement conference and 62 motion for a trial. (Yin, K)
December 7, 2015
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ORDER signed by Magistrate Judge Allison Claire on 12/4/15 ORDERING that Defendants' motion to modify the discovery and scheduling order to extend the deadline to file dispositive motions (Doc. No. 65) is GRANTED; and the parties shall file any dispositive motions on or before March 7, 2016.(Dillon, M)
January 8, 2016
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ORDER adopting in full 52 FINDINGS AND RECOMMENDATIONS, signed by Judge Kimberly J. Mueller on 1/7/16. Defendants' 23 motion to dismiss is granted in part and denied. Defendants' motion to dismiss plaintiff's claims against defendants Foulk and Zamora is granted. Defendants' motion to dismiss plaintiff's claims against defendants Ray and Kelsey is denied. Defendants Foulk and Zamora are dismissed from this action. Defendants Ray and Kelsey shall file and serve an answer in this action within 30 days of service of this order. (Kastilahn, A)
February 23, 2016
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therwise provided in this order, the court's discovery and scheduling order remains in effect. (Plummer, M)ORDER signed by Magistrate Judge Allison Claire on 02/22/16 granting 72 Motion to modify the discovery and scheduling order. Defendants shall file any dispositive motion on the merits of plaintiff's claims on or before 6/06/16. Except as o
May 6, 2016
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ORDER signed by Magistrate Judge Allison Claire on 05/05/16 granting 82 Motion to modify the discovery and scheduling order. Defendants shall file any dispositive motion on or before 9/06/16. (Plummer, M)
June 9, 2016
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ORDER denying 86 Motion to Appoint Counsel signed by Magistrate Judge Allison Claire on 06/08/16. (Plummer, M)
February 15, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 02/13/17 granting 80 Motion to strike. The clerk's office is instructed to strike plaintiff's sur-reply 79 from the docket. (Plummer, M)
March 1, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/1/2017 RECOMMENDING defendants' 71 motion for summary judgment for failure to exhaust adminstrative remedies be granted in part and denied in part; defendants motion for summary judgment concerning the claims against defendants Lee, Rohlfing, and Swingle be denied; defendants motion for summary judgment concerning the claims against defendants Kelsey and Ray be granted; and the claims against defendants Kelsey and Ray for deliberate indifference to serious medical needs be dismissed for failure to exhaust administrative remedies. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
March 21, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/21/2017 ADOPTING IN FULL 94 Findings and Recommendations; GRANTING IN PART, DENYING IN PART 71 Motion for Summary Judgment; DENYING 71 Motion for Summary Judgment concerning the claims against Defendants Lee, Rohlfing, and Swingle; GRANTING 71 Motion for Summary Judgment concerning the claims against Defendants Kelsey and Ray; DISMISSING the claims against Defendants Kelsey and Ray for deliberate indifference to serious medical needs for failure to exhaust administrative remedies. (Michel, G.)
December 12, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/11/2017 RECOMMENDING that the 98 Motion for Summary Judgment be granted. Referred to District Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (York, M)
February 7, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2018 DENYING as moot plaintiff's 109 motion for an extension of time to file objections and DENYING without prejudice plaintiff's 97 motion for the appointment of counsel. (Yin, K)
March 21, 2018
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ORDER adopting in full 108 FINDINGS AND RECOMMENDATIONS, signed by District Judge Kimberly J. Mueller on 3/20/18. Defendants' 98 motion for summary judgment is GRANTED. CASE CLOSED (Kastilahn, A) Modified on 3/21/2018 (Kastilahn, A).