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14-611 - (PC) Clemente v. Parciasepe et al


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14-611 - (PC) Clemente v. Parciasepe et al
March 18, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/18/14 ORDERING that Plaintiffs application to proceed in forma pauperis (ECF No. 2) is dismissed without prejudice; Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and Plaintiff shall submit, within thirty days from the date of this order, a completed and signed application to proceed in forma pauperis on the current form provided with this order. (Dillon, M)
April 2, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/2014 ORDERING Plaintiff shall submit, within 30 days from the date of this order, a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint; the Clerk of the Court is directed to send plaintiff a new Application to Proceed in Forma Pauperis by a Prisoner. (Attachments: # (1) Application to Proceed IFP)(Reader, L)
May 6, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/2014 GRANTING plaintiff's 10 motion to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; claims against defendant Knipp are DISMISSED with leave to amend within 30 days, plaintiff is not obliged to amend his complaint; allegations are sufficient to state a claim against defendant Parciasepe; the Clerk shall provide plaintiff with forms for service which plaintiff may complete and return within 30 days; plaintiff shall return the Notice of Submission or Amendment with response; and plaintiff's 5 motion is DENIED. (Yin, K)
May 6, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Marcelino Clemente signed by Magistrate Judge Kendall J. Newman on 5/6/2014. 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)
June 27, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/2014 DENYING plaintiff's 18 motion to append declarations to the complaint; DIRECTING the Clerk to return the original witness declarations (ECF No. 18 at 3-5) to plaintiff; DENYING plaintiff's 17 motion for the appointment of counsel, without prejudice; and DISMISSING plaintiff's claims against defendant Knipp, without prejudice. (Yin, K)
November 12, 2014
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ORDER and REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/2014 DENYING plaintiff's 26 motion for appointment of counsel, without prejudice; discovery is continued to 12/31/2014; and all pretrial motions, except motions to compel discovery, shall be filed on or before 3/31/2015.(Yin, K)
January 6, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/6/2015 ORDERING that within 30 days, plaintiff shall file an opposition to the 29 motion for summary judgment; defendant's reply due within seven days thereafter. (Yin, K)
January 9, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/08/15 denying 33 Motion to Appoint Counsel. (Plummer, M)
March 6, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/5/2015 RECOMMENDING that defendant's 29 motion for summary judgment on defendant's retaliation claim be granted, and plaintiff's retailiation claims against defendant be dismissed without prejudice, based on plaintiff's failure to exhaust administrative remedies. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
April 16, 2015
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ORDER ADOPTING 39 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 4/15/2015. Defendant's 29 Motion for Summary Judgment on defendant's retaliation claim is GRANTED and plaintiff's retaliation claims against defendant are DISMISSED without prejudice based on plaintiff's failure to exhaust administrative remedies. This action now proceeds SOLELY on plaintiff's 39 8th Amendment claim. (Marciel, M)
April 22, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/22/2015 ORDERING defendants to inform the court as to the status of plaintiff's legal materials, within 21 days.(Yin, K)
May 22, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/21/15 denying 42 and 45 Motions to Appoint Counsel. (Dillon, M)
July 13, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2015 PARTIALLY GRANTING plaintiff's 54 motion. The Mule Creek State Prison Litigation Coordinator is requested to, within 14 days, file and serve a written statement identifying the location of plaintiff's legal materials, and plaintiff's access thereto, and addressing whether plaintiff's legal materials that were in the possession of inmate Alonzo Joseph have been returned to plaintiff. The Clerk skall serve a copy of this order on the MCSP Litigation Coordinator. Plaintiff's 54 motion for appointment of counsel is DENIED. Plaintiff's 55, 56 motions for an extension of time are GRANTED, and plaintiff has 45 days to file an opposition to the motion for summary judgment. (Yin, K)
July 30, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/2015 ORDERING plaintiff to file his opposition to the motion for summary judgment on or before 8/28/2015. Defendant's reply shall be filed 7 days thereafter.(Yin, K)
October 23, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/15 ordering within 14 days from the date of this order, defendant shall provide to plaintiff a copy of pages 5,7,8,9,10,21 and 22 of Villiers' 11/13/14 deposition transcript, as well as a copy of exhibit 1 thereto (Villiers' 11/06/14 letter)Defendant's motion for summary judgment 47 is denied without prejudice to its renewal within 21 days from the date of this order. Defendant is not required to re-file the motion and supporting documents, but may reference the prior filings in the notice. Plaintiff shall file a revised opposition to the re-noticed motion within 30 days after the notice is served; plaintiff is not required to re-submit his exhibits but may ask the court to attach his previously-submitted exhibits 64 at 20-61, to his revised opposition, but is not required to include all of his arguments and any new evidence within the revised opposition. After defendant's revised reply is filed, briefing on the motion for summary judgment is closed, and no further filings in connection thereto are allowed. (Plummer, M)
February 1, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/1/16 ORDERING that Plaintiff's 76 motions are DENIED. Plaintiff's 76 motion for extension of time to oppose the motion for summary judgment is GRANTED. Plaintiff is GRANTED 30 days in which to file an opposition to the motion for summary judgment; and defendant's reply shall be filed 21 days thereafter. After defendant's reply is filed, briefing on the motion for summary judgment is closed, and no further filings in connection thereto are permitted. (Kastilahn, A)
July 19, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/19/16 RECOMMENDING that defendant's motion for summary judgment (ECF No. 75) be denied; and this matter be remanded to the undersigned for further scheduling. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
September 20, 2016
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ORDER signed by District Judge Morrison C. England, Jr., on 9/20/16 ORDERING that 83 the findings and recommendations are ADOPTED in full. Defendant's 75 motion for summary judgment is DENIED. This matter is REMANDED to the assigned magistrate judge for further scheduling. (Kastilahn, A)
October 11, 2016
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FURTHER SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/16 ORDERING that Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain the attendance of witnesses at trial on or before 11/28/2016. Defendant shall file a pretrial statement on or before 12/12/2016. Pretrial conference is set for 1/3/2017, before the magistrate judge. The pretrial conference shall be conducted on the file only, without appearance by either party. The jury trial date will be set in the pretrial order. (Kastilahn, A)
October 25, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/25/16 ORDERING that 86 Motion to Appoint Counsel is DENIED without prejudice; Plaintiff is granted permission to write to the following inmates to determine whether each such inmate is willing to testify: Larry Rush, B97377, California Health Care Facility, Stockton; Yuntoo Batiste, P18723, California State Prison, Corcoran, and Roberto F. Garcia, F78614, Pleasant Valley State Prison, Coalinga. The Clerk of the Court is directed to serve a copy of this order on the litigation coordinator at Mule Creek State Prison.(Dillon, M)
March 28, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/17 ordering within thirty days from the date of this order, plaintiff shall file a supplemental pretrial statement addressing the issues set forth above. Within twenty-one days from the date of this order, the parties shall complete, serve, and file the appended notice regarding judge election for settlement conference. Failure to timelyfile the attached notice will result in the settlement conference being set before a different magistrate judge.(Plummer, M)
April 20, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 04/20/17 ordering the Custodian to produce Marcelino Clemente via videoconferencing on 5/25/17 at 10:00 a.m. in courtroom 8 before Magistrate Judge Edmund F. Brennan. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (cc: I.T. Dept, Sacramento and EFB) (Plummer, M)
May 26, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 05/25/17 ordering that dispositional documents are to be filed not later than 14 days from the date of this order. All hearing dates heretofore set in this matter are vacated. (Plummer, M)
May 31, 2017
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STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 05/31/17 ordering this action is dismissed pursuant to FRCP 41(a). The parties mention herein to bear their own fees and costs. CASE CLOSED (Plummer, M) Modified on 6/1/2017 (Michel, G.).