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14-1024 - (PC) Birrell v. Banzhaf, et al.


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14-1024 - (PC) Birrell v. Banzhaf, et al.
December 10, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/09/14 ordering plaintiff's motion to proceed in forma pauperis 2 is granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. Plaintiff's motion for leave to proceed on her first amended complaint 7 is granted. Plaintiff's motion to shorten discovery response time 5 is denied without prejudice. Plaintiff's complaint is dismissed. Plaintiff is granted 30 days from the filing date of this order to file a second amended complaint. (Plummer, M)
December 10, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Bella-Christina Birrell aka David Wesley Birrell signed by Magistrate Judge Dale A. Drozd on 12/09/14. 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)
January 19, 2016
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/19/2016 ORDERING that service is appropriate for Joyce Banzhaf and Landon Bravo. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED that the defendants Shender, Cerda, Dovichi, Sewell, Grijalva, Sandoval, Volunteers of Vacaville, and California Medical Facility be dismissed from this action without prejudice, pursuant to 28 U.S.C. 1915(b)(1). Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
March 25, 2016
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ORDER adopting in full 18 FINDINGS AND RECOMMENDATIONS, signed by District Judge John A. Mendez on 3/25/16. The following defendants are dismissed from this action without prejudice, pursuant to 28 U.S.C. Section 1915(b)(1): Shender, Cerda, Dovichi, Sewell, Grijalva, Sandoval, Volunteers of Vacaville, and California Medical Facility. (Kastilahn, A)
April 15, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/15/16 DIRECTING USM to serve * amended complaint * filed on * 2/4/15,* on * Landon Bravo* within 14 days. The Clerk of the Court is directed to send plaintiff one USM-285 form; and within 30 days, plaintiff shall submit to the court the completed USM-285 form for defendant Banzhaf required to effect service. Clerk of the Court shall serve on plaintiff a copy of the Local Rules of Court.(Dillon, M)
July 8, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/8/16 GRANTING 23 Motion for court order; Supervising Deputy Attorney General Monica Anderson is requested to take all steps necessary to enlist the assistance from the CDCR to obtain a service address for defendant Banzhaf. Within 30 days from the date of this order, Ms. Anderson is requested to provide the address to the USM and so inform the court. If an address for defendant Banzhaf and/or the AVP cannot be located, Ms. Anderson shall so advise; The Clerk of Court is directed to serve a copy of this order on Monica Anderson, Supervising Deputy Attorney General; and plaintiff is granted an additional 90 days in which to serve process on defendant Banzhaf.(Dillon, M)
March 3, 2017
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dice; and Birrell's 36 Motion for Sanctions be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/2/2017 RECOMMENDING Bravo's 28 Motion to Dismiss be granted in part and denied in part, with the result that Birrell's due process claim be dismissed with preju
March 28, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 03/27/17 recommending that Banzhaf's motion to dismiss 42 be granted in part and denied in part, with the result that Birrell's section 1983 claims against Banzhaf be dismissed with prejudice. Motion to dismiss 42 referred t. referred to Judge John A. Mendez Objections due within 14 days. (Plummer, M)
March 30, 2017
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ORDER adopting in full 45 FINDINGS AND RECOMMENDATIONS, signed by District Judge John A. Mendez on 3/29/17. Defendant Bravo's 28 motion to dismiss is GRANTED in PART and DENIED in PART. Plaintiff's due process claim is DISMISSED with prejudice. Plaintiff's 36 motion for sanctions is DENIED. (Kastilahn, A)
July 17, 2017
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ORDER signed by District Judge John A. Mendez on 7/14/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/28/17 47 are ADOPTED in full; and Banzhaf's MOTION to DISMISS 42 is GRANTED in part and DENIED in part, with the result that Birrell's ยง 1983 claims against Banzhaf is DISMISSED with prejudice. (Mena-Sanchez, L)
January 9, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/08/18 RECOMMENDING that plaintiff's motion to dismiss, filed 12/26/17 55 be granted in part and denied in part. Specifically that: plaintiff's request to dismiss the complaint be granted pursuant to FRCP 41(a)(2), and plaintiff's request to waive the filing fee in the matter be denied. Motion to Dismiss 55 referred to Judge John A. Mendez. Objections due within 21 days. (Plummer, M)
February 21, 2018
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ORDER signed by District Judge John A. Mendez on 2/21/18: 57 FINDINGS AND RECOMMENDATIONS are ADOPTED in full. 55 Motion to Dismiss is GRANTED in part and DENIED in part. The Clerk of Court shall close this case. (Kaminski, H)