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14-453 - (PC) Cooper v. Jones


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14-453 - (PC) Cooper v. Jones
February 19, 2014
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ORDER signed by Magistrate Judge Allison Claire on 2/18/2013 ORDERING plaintiff to submit, within 30 days, either the filing fee or properly completed ifp application; and the Clerk shall send plaintiff an application to proceed ifp. (Yin, K)
June 30, 2014
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ORDER signed by Magistrate Judge Allison Claire on 06/27/14 granting 9 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid 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. (Plummer, M)
June 30, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Anthony Cooper signed by Magistrate Judge Allison Claire on 06/27/14. CDC is to 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 Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
December 17, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/17/15 RECOMMENDING that Defendant's motion to dismiss, ECF No. 20, be denied as follows: defendants motion to dismiss this action as untimely be denied without prejudice, and defendants alternative motion to dismiss this action under the Younger abstention doctrine be denied with prejudice. Defendant be accorded 30 days after the adoption of these findings andrecommendations within which to file and serve a fully-briefed motion to stay this action under the Colorado River doctrine. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 21 days.(Dillon, M)
February 5, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 2/4/16 ORDERING that Defendant is granted ten days from the date of this order in which to file and serve a response to Plaintiff's reply and the evidence attached thereto, ECF No. 28. (Mena-Sanchez, L)
March 4, 2016
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ORDER adopting 25 FINDINGS AND RECOMMENDATIONS in part and denying 20 Motion to Dismiss signed by District Judge Kimberly J. Mueller on 3/3/16: Defendant is granted thirty (30) days from the date of this order in which to file and serve a fully-briefed motion to stay this action. This matter is referred back to the magistrate judge for handling of further pretrial matters. (Kaminski, H)
April 4, 2016
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ORDER signed by Magistrate Judge Allison Claire on 4/4/16 ORDERING that plaintiff is directed to file and serve a response to defendants motion within 21 days after service of this order. Defendant may file and serve a reply within 7 days after service of plaintiffs response.(Dillon, M)
February 13, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 02/10/17 ORDERING plaintiff's implied motion for leave to file a second amended complaint is denied without prejudice. The Clerk of Court is directed to designate on the docket that the Second Amended Complaint 27 is to be disregarded. Also, RECOMMENDING that defendant's motion to stay this action 34 be granted. This action be stayed pending final resolution of plaintiff's related state court case, Sacramento County Superior Court Case No. 34-2011-00111910. Defendant be directed to file and serve, within 30 days after final resolution of the above-noted state court case, a statement so informing the court, together with a supported motion requesting that this court either proceed with, or dismiss, the instant federal action. Motion 34 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
March 13, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/13/17 ORDERING that the The FINDINGS AND RECOMMENDATIONS 38 filed 2/13/17, are ADOPTED in full with the exception that it will be Plaintiff, rather than Defendant, who will be required to notify the court at the conclusion of the state court proceedings and to address, initially, whether this action should proceed or be dismissed. Defendant's MOTION to STAY 34 is GRANTED. This action is STAYED pending final resolution of Plaintiff's related state court case, Sacramento County Superior Court Case No. 34-2011-00111910. Within thirty days after final resolution of the above-noted state court case, Plaintiff shall file and serve a statement so informing this court, together with a supported statement addressing whether this federal action should proceed and, if so, on what grounds; defendant shall file and serve a responsive statement within twenty-one days after the filing date of Plaintiff's statement. (Mena-Sanchez, L)
August 9, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 08/09/17 ORDERING that the unopposed 40 Motion is GRANTED; the stay is LIFTED and the case is referred back to the assigned magistrate judge for further proceedings. (Benson, A.)
August 10, 2017
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ORDER signed by Magistrate Judge Allison Claire on 08/10/17 ordering within thirty days after the filing date of this order, plaintiff shall file and serve a statement, supported by appropriate legal authority, that sets forth the alleged grounds upon which this federal action may proceed. Within twenty-one days after service of plaintiffs statement, defendant shall file and serve a supported responsive statement and/or motion. Within fourteen days after service of defendants responsive statement, plaintiff may file and serve a reply. (Plummer, M) Modified on 8/10/2017 (Plummer, M).