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14-1041 - (PC) Mason v. Martinez, et al.


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14-1041 - (PC) Mason v. Martinez, et al.
September 24, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Shavougue A. Mason signed by Magistrate Judge Allison Claire on 9/24/2014. 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 28, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/28/2014 DENYING plaintiff's 14 motion for the appointment of counsel. (Yin, K)
April 3, 2015
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ORDER signed by Magistrate Judge Allison Claire on 4/2/15 denying 24 Motion to Appoint Counsel. (Dillon, M)
April 30, 2015
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ORDER signed by Magistrate Judge Allison Claire on 4/296/15 ORDERING that Plaintiffs motion to compel discovery (ECF No. 29) is deemed timely filed. Defendants shall have twenty-one days from the date of this order to respond to plaintiffs motion to compel.(Dillon, M)
June 29, 2015
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ORDER signed by Magistrate Judge Allison Claire on 06/26/15 ordering plaintiff's motion for judicial notice 31 is denied in part and granted in part. The motion is denied to the extent that the court will not take judicial notice of the facts put forth by plaintiff and granted to the extent plaintiff seeks to have his letter to defendants' counsel considered as an exhibit to his motion to compel. Plaintiff's motion to file a supplemental declaration 34 is denied. Defendants' motion to modify the scheduling order 35 is granted. The 7/25/15 pretrial motion deadline is hereby vacated and will be re-set upon resolution of defendants' motion for partial summary judgment and plaintiff's motion to compel. (Plummer, M)
March 9, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/09/16 ORDERING defendants' motion to strike 28 is granted and the Clerk of the Court is directed to strike plaintiff's surreply 27. Plaintiff's motion to compel 29 as to defendant V. Martinez is denied. The remainder of the motion to compel remains pending. Defendants shall have until 03/11/16 to file copies of their supplemental responses to plaintiff's 02/02/15 request for admissions as follows: All defendants' (not including V. Martinez) supplemental responses to Admission Request No. 3. Defendants Kyte and M. Martinez's supplemental responses to Admissions Request No. 8. Defendant Major's supplemental responses to Admissions Requests Nos. 6 and 11. Also, RECOMMENDING that defendants' motion for partial summary judgment 22 be granted in part and denied in part as follows: Granted as to defendant V. Martinez and the claims against defendant V. Martinez be dismissed without prejudice for failure to exhaust. Denied as to defendants Major, Lozano, Matteson and Kyte. The case proceed on the claims against defendants M. Martinez, Major, Lozano, Matteson and Kyte. MOTION for SUMMARY JUDGMENT 22 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
March 28, 2016
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ORDER signed by Magistrate Judge Allison Claire on 03/25/16 granting 29 Motion to Compel to the extent defendants must provide supplemental responses to requests for production Nos. 3 and 4 as set forth in Section III.B.4 above. The motion is denied in all other respects. Plaintiff's supplemental motion to compel 39 which the court construes as a motion to re-open discovery is denied. Defendants' request to stay discovery 32 is denied as moot. (Plummer, M)
March 30, 2016
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ORDER signed by Chief Judge Morrison C. England, Jr. on 3/29/2016 ORDERING that the 42 findings and recommendations are ADOPTED in full. Defendants 22 motion for partial summary judgment is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to defendant V. Martinez and the claims against defendant V. Martinez are DISMISSED without prejudice for failure to exhaust. DENIED as to defendants Major, Lozano, Matteson, and Kyte. The case proceeds on the claims against defendants M. Martinez, Major, Lozano,Matteson, and Kyte. (Zignago, K.)
April 13, 2016
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ORDER signed by Magistrate Judge Allison Claire on 04/12/16 ordering that parties shall have until 5/27/16 to file pretrial motions. (Plummer, M)
May 2, 2016
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ORDER signed by Magistrate Judge Allison Claire on 4/30/2016 DENYING without prejudice plaintiff's 52 motion for the appointment of counsel ; and DENYING as premature plaintiff's 53 motion for pretrial conference. (Yin, K)
March 29, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/28/17 recommending that plaintiff's motion for summary judgment 56 be denied. Defendants' motion for summary judgment 57 be granted. Motions 56, 57 referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)