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14-1170 - (PC) Spence v. Stambaugh et al


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14-1170 - (PC) Spence v. Stambaugh et al
May 19, 2014
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ORDER signed by Magistrate Judge Allison Claire on 5/16/2014 ORDERING plaintiff to submit, within 30 days, a completed affidavit to proceed ifp; the Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a certified trust account statement. (Yin, K)
October 1, 2014
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ORDER signed by Magistrate Judge Allison Claire on 9/30/2014 GRANTING plaintiff's 7 request to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; the complaint is DISMISSED with leave to file an amended complaint within 28 days. (Yin, K)
October 1, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Gerald Spence signed by Magistrate Judge Allison Claire on 9/30/2014. 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)
January 12, 2016
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ORDER signed by Magistrate Judge Allison Claire on 1/11/16 GRANTING 19 Request for reimbursement of costs associated with effecting personal service of process on defendants; Within 14 days after the filing date of this order, defendants shall pay the United States Marshal the following sums, unless within that time a defendant files a written statement showing good cause for his or her failure to waive personal service (the court does not intend to extend this fourteen-day period): A. Defendant Southward shall pay the United States Marshal the sum of $33.07. B. Defendant Stambaugh shall pay the United States Marshal the sum of $33.07. C. Defendant Voss shall pay the United States Marshal the sum of $66.15. Clerk of the Court is directed to serve a copy of this order on the United States Marshal.(Dillon, M)
May 18, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 05/17/16 ORDERING this court's order filed 1/12/16 20 is vacated; no defendant is required to reimburse the U.S. Marshal for the attempts of his staff to effect personal service on any defendant. Also, RECOMMENDING that Defendant Voss' motion to dismiss filed 1/21/16 21 be denied without prejudice; and should the district judge adopt these findings and recommendations, it be further ordered that: The clerk of court be directed to send plaintiff, together with a copy of the district judge's order, 3 USM-285 forms. Plaintiff be directed to submit to the court within 60 days after the filing date of the district judge's order, a newly-completed USM-285 form for each defendant, or show good cause why he cannot provide such information. This case be referred back to the undersigned magistrate judge for further proceedings. MOTION to DISMISS 21 referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
June 10, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/9/16 ORDERING that the findings and recommendations filed 5/18/16, are adopted in full; and Defendant Voss' motion to dismiss filed 1/21/16, ECF No. 21, is denied without prejudice; the Clerk is directed to send plaintiff, together with a copy of this order, three (3) USM-285 forms; and Plaintiff is directed to submit to the court, within sixty days of this order, a newly-completed USM-285 form for each defendant, or show good cause why he cannot provide such information; this case is referred back to the magistrate judge for further proceedings. (Becknal, R)
August 31, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 8/31/2017 ORDERING the Custodian to produce Gerald Spence at 1:00 p.m. on 10/19/2017 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) (Henshaw, R)
October 6, 2017
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ORDER signed by Magistrate Judge Allison Claire on 10/5/2017 OVERRULING 42 Objections filed by Gerald Spence. (Hunt, G)
January 11, 2018
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Complaint filed 11/15/17, see 47, on plaintiff's excessive force claims (Claims 2 through 4) against defendants Southward, Stambaugh, Croley, Mrosinski, Ogle and Mundy, and on plaintiff's failure to intervene claims (Claims 5 and 6, in paORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/10/18 GRANTING IN PART 46 plaintiff's motion for leave to proceed on his proposed second amended complaint. This action shall proceed on the Second Amended rt) against defendant Mencias and Voss respectively. Plaintiff's duplicative motion and proposed second amended complaint 58, 59 shall be stricken by the Clerk of Court. Plaintiff's motion for extended time 51 is denied as moot. Plaintiff's motion to compel discovery 50 is denied without prejudice. Plaintiff's motion to strike defendants' opposition to his discovery motion 56 is denied as moot. Service of process of the second amended complaint is appropriate for newly named defendants Croley, Mrosinkski, Mundy, Ogle and Mencias, The clerk of the court shall send plaintiff 5 USM-285 forms, 1 summons, instruction sheet and a copy of the endorsed second amended complaint 47 to be completed and returned with the notice of submission of documents within 30 days. The newly served defendants shall file and serve their responses to the second amended complaint within the time prescribed by FRCP 12; defendants Voss, Stambaugh, and Southward shall file and serve their responses to the second amended complaint within 14 days after the district judge adopts the undersigned's following findings and recommendations, cf. FRCP 15(a)(3) (response due 14 days after service of the amended pleading). The discovery and motion deadlines, see 37 are vacated until further order of this court; the current parties are free to continue conducting discovery pending issuance of a further order. Also, RECOMMENDING that Claim One of the Second Amended Complaint and putative defendants Sacramento County Sheriff Scott R. Jones, Nurse "L" N.J. #344, Pane #496, Cunningham #789, and Gallinano #267, be dismissed from this action without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days. (Plummer, M)
August 1, 2018
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ORDER signed by Magistrate Judge Allison Claire on 08/01/18 ORDERING attorney Carl L. Fessenden is substituted in as attorney of record in place of Robert L. Chalfant for defendant Lynnda Voss. (Plummer, M)