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14-737 - (PC) Gonzalez v. Gamberg, et al.


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14-737 - (PC) Gonzalez v. Gamberg, et al.
March 27, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/27/14 denying 2 Motion to Proceed IFP. Plaintiff shall submit within 30 days from the date of this order, a completed request to proceed in forma pauperis on the form provided by the clerk of court or the appropriate filing fee. The clerk of the court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
October 14, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/14/2014 GRANTING 7 Plaintiff's request for leave to proceed in forma pauperis; Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action; Service is appropriate for defendants Gamberg, Wheeler and Lively; the Clerk of the Court shall send plaintiff 3 USM-285 forms, 1 summons, an instruction sheet and a copy of the complaint filed 3/21/2014; within 30 days from the date of this order plaintiff shall complete the attached Notice of Submission of Documents and submit the documents to the court. (Reader, L)
October 14, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/14/2014 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jose Gonzalez, Jr. ORDERING the Director of the CDCR or a designee shall collect from plaintiff's prison trust account an initial partial filing fee and shall forward these amounts to the Clerk of the Court; the Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit on Director, CDCR; the Clerk of the Court is directed to serve a copy of this order on the Financial Department of this Court. (Attachments: # (1) ifp Affidavit)(Reader, L)
March 17, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/17/15 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition to defendants motion to dismiss or a statement of non-opposition.(Dillon, M)
May 18, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/18/15 RECOMMENDING that Defendants' motion to dismiss (ECF No. 16) be granted; Plaintiff's remaining claims against defendant Gamberg be dismissed; Plaintiff's claims arising under California law for battery against defendants Wheeler and Lively be dismissed; and Defendants Wheeler and Lively be ordered to file their answer with respect to plaintiff's remaining claims within 20 days. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
September 29, 2015
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ORDER signed by Judge Kimberly J. Mueller on 9/28/15 ORDERING that within fourteen days from the date of this order defendants shall file and serve a response to the equitable tolling argument raised in Plaintiff's objections. Plaintiff may file and serve a reply within fourteen daysthereafter.(Mena-Sanchez, L)
March 3, 2016
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ORDER ADOPTING 23 FINDINGS and RECOMMENDATIONS, in full (with one correction: Page 3, Line 6 of F & Rs - date 12/24/2014 corrected to 12/24/2013), signed by District Judge Kimberly J. Mueller on 3/2/2016. Defendants' 16 Motion to Dismiss is GRANTED. Plaintiff's remaining claims against defendant Gamberg are DISMISSED and claims arising under California law for battery against defendants Wheeler and Lively are DISMISSED. Defendants Wheeler and Lively shall file their Answer with respect to plaintiff's remaining claims within 21 days. (Marciel, M)
December 5, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/05/16 ordering ( Settlement Conference set for 4/6/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.)(cc: KJN) (Plummer, M)
December 5, 2016
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Carolyn K. Delaney on 12/05/16 ordering the Custodian to produce Jose Gonzalez on 4/06/17 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. 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 and Out-to-Court Desk. (cc: OTCD and KJN)(Plummer, M)
December 8, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/08/16 ordering that, within 5 days of this order, defendant Lively shall provide the court with an affidavit indicating the date in 2011 on which plaintiff arrived at the California Correctional Institution in Tehachapi, California following his transfer from High Desert State prison. Neither party need take any other further action until further notice from the court. (Plummer, M)
December 14, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/14/16 recommending that defendant Lively's motion for summary judgment 33 be granted; and plaintiff's remaining claims against defendant Lively be dismissed for failure to exhaust available administrative remedies prior to bringing suit. MOTION for SUMMARY JUDGMENT 33 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
February 8, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 2/7/17 ORDERING that the findings and recommendations filed December 14, 2016, are ADOPTED in full; Defendant Lively's motion for summary judgment 33 is GRANTED; Plaintiff's remaining claims against defendant Lively are DISMISSED for failure to exhaust available administrative remedies prior to bringing suit; and this matter is REFERRED back to the magistrate judge assigned to this case for further proceedings. (Becknal, R)