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14-959 - (PC) Cato v. Darst, et al.


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14-959 - (PC) Cato v. Darst, et al.
May 6, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of James Cato, Jr. 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 25, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/25/2014 DENYING, without prejudice, plaintiff's 13 motion for leave to amend. (Yin, K)
September 19, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/18/14 RECOMMENDING that plaintiffs motion to amend 15 be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
December 12, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/14 ORDERING that the September 19, 2014 findings and recommendations 19 are vacated; Plaintiffs motion for an extension of time to file objections 20 is granted; Plaintiffs motion to amend 15 is denied; plaintiff is granted thirty days to file an amended complaint; defendants are not required to respond to the amended complaint until ordered by the court; if plaintiff does not file an amended complaint within that time, this action will proceed solely on the original claims against defendants Darst and Romero.(Dillon, M)
January 23, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/23/15 RECOMMENDING that plaintiffs request to file an amended complaint 26 be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)
April 20, 2015
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ORDER signed by District Judge Troy L. Nunley on 4/17/2015 FINDINGS AND RECOMMENDATIONS are ADOPTED in FULL 32; and Plaintiff's request to file an amended complaint 26 is DENIED. (Reader, L)
July 20, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/20/15 ordering defendants' motion to modify the scheduling order 25 is granted; the dates set in the 09/18/14 scheduling order are vacated and will be reset, if appropriate, following the resolution of defendants' summary judgment motion. Plaintiff's motion for production of witnesses 29 is denied. Defendants' motion to strike 36 is granted. Defendants' motion for summary judgment 24 is vacated; defendants' summary judgment motion will be reinstated following the evidentiary hearing. The evidentiary hearing will be set by separate order. (Plummer, M)
August 7, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/6/15 ORDERING that an evidentiary hearing is set for November 9, 2015 at 9:00 a.m. before the undersigned; the parties shall prepare for the hearing in accordance with the terms set forth in this order.(Dillon, M)
September 24, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/24/15 denying 43 Motion to call an inmate witness. (Dillon, M)
October 1, 2015
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 9/30/2015 ORDERING the custodian to produce James Cato H-35663, to testify in USDC at 9:00 a.m. on 11/9/2015 in courtroom #25, before Magistrate Judge Kendall J. Newman; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and the Clerk to serve a copy of this order and writ on the Out-to-Court Desk and Warden. (cc: OTCD-SAC) (Yin, K)
October 22, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/22/15 DENYING 52 Motion to appear telephonically or for an order for his immediate return to CSATF. (Dillon, M)
October 27, 2015
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 10/27/15 ordering the Custodian to produce James Cato via telephonic conferencing on 10/29/15 at 3:00 p.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. (Plummer, M)
May 2, 2016
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/2/16 ORDERING that defendants motion to strike (ECF No. 61) is GRANTED; and it is RECOMMENDED that defendants' summary judgment motion (ECF No. 24) be granted. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Dillon, M)