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14-775 - (PC) Smith v. Aubuchon, et al.


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14-775 - (PC) Smith v. Aubuchon, et al.
July 11, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Granville William Smith signed by Magistrate Judge Craig M. Kellison on 7/10/2014 GRANTING plaintiff's 3 motion to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with this order; 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)
October 30, 2014
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ORDER signed by Magistrate Judge Craig M. Kellison on 10/30/14 ORDERING that plaintiff may file an amended complaint within 30 days of the date of service of this order.(Dillon, M)
May 22, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 5/21/15 RECOMMENDING that the Rancho Cordova Police Department be dismissed and that this action proceed as against defendants Aubuchon and James only. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
September 16, 2015
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ORDER signed by Judge Kimberly J. Mueller on 9/16/2015 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; Rancho Cordova Police Department is DISMISSED as a defendant to this action, which proceeds against defendants Aubuchon and James ONLY. (Reader, L)
August 15, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 8/15/2016 DENYING plaintiff's 35, 41 motions for appointment of counsel. (Yin, K)
September 9, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 09/08/16 recommending that defendants' motion to dismiss be granted and that the first amended complaint be dismissed with leave to amend. Motion to Dismiss 28 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
September 26, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 9/26/2016 DENYING plaintiff's 44 motion for appointment of counsel. (Yin, K)
January 10, 2017
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/10/17 ORDERING that plaintiff's motion for an extension of time (Doc. 49) is GRANTED; Plaintiff may file objections to the court's September 9, 2016, findings andrecommendations within 30 days of the date of this order; and plaintiff's motion for the appointment of counsel (Doc. 50) is DENIED.(Dillon, M)
March 21, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/21/2017 ADOPTING IN FULL 43 Findings and Recommendations; GRANTING 28 Motion to Dismiss; DISMISSING the 16 First Amended Prisoner Civil Rights Complaint with leave to amend; ORDERING the plaintiff to file a Second Amended Prisoner Civil Rights Complaint within 30 days. (Michel, G.)
June 6, 2017
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ORDER signed by Magistrate Judge Craig M. Kellison on 06/05/17 granting 57 Motion for Extension of time. Plaintiff's second amended complaint filed on 5/22/17 is deemed timely. Plaintiff's motion for the appointment of counsel 59 is denied. (Plummer, M)
September 1, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 08/31/17 recommending that defendants' unopposed motion to dismiss 61 be granted and that this action be dismissed in its entirety without further leave to amend and with prejudice. Motion to Dismiss 61 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
April 13, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 4/12/18 ADOPTING 64 FINDINGS AND RECOMMENDATIONS: 61 Motion to Dismiss is granted. Plaintiff's third amended complaint is dismissed with leave to amend. Plaintiff is granted thirty days from the date of this order in which to file a fourth amended complaint. The Clerk of the Court is directed to send plaintiff the court's form ยง 1983 civil rights complaint. (Kaminski, H)
August 6, 2018
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ORDER signed by Magistrate Judge Craig M. Kellison on 08/06/18 ORDERING that attorney Jesse M. Rivera is substituted in as attorney of record in place of attorney Rober L. Chalfant for defendants Aubuchon and James. (Plummer, M)
August 21, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 08/20/18 RECOMMENDING that defendants unopposed motion to dismiss 78 be granted. Defendant Aubuchon be dismissed from the action. This action proceed on the fourth amended complaint as against defendant James only on plaintiffs excessive force claim. Defendant James be required to file an answer to the fourth amended complaint. Motion to Dismiss 78 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
September 11, 2018
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ORDER signed by Magistrate Judge Dennis M. Cota on 9/10/2018 GRANTING 83 Motion for Extension of Time. Plaintiff may file objections to 81 Findings and Recommendations within 30 days of the date of this order. (Henshaw, R)