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14-1728 - (PC) Dietle v. Miranda, et al.


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14-1728 - (PC) Dietle v. Miranda, et al.
July 28, 2014
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ORDER signed by Magistrate Judge Allison Claire on 7/28/2014 ORDERING Plaintiff shall submit, within thirty days from the date of this order, a completedaffidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk; Clerk is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; and of Court; Plaintiff shall submit, within thirty days from the date of this order, a certified copy ofhis prison trust account statement for the six month period immediately preceding the filing of the complaint. Plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Waggoner, D)
August 28, 2014
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ORDER signed by Magistrate Judge Allison Claire on 08/28/14 granting 6 Motion for Extension of time. Plaintiff Darrell Dietle shall have his completed in forma pauperis affidavit filed with the court no later than 09/28/14. (Plummer, M)
October 6, 2014
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ORDER signed by Magistrate Judge Allison Claire on 10/6/14 ORDERING that Plaintiffs in forma pauperis Application 8 is DENIED without prejudice; The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; Plaintiff shall submit, within 30 days from the date of this order, a completed and signed Application form provided by the Clerk of the Court; Plaintiff shall also submit, within 30 days from the date of this order, either a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint, or the equivalent institutional certificate, or both if possible.(Dillon, M)
November 24, 2014
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/21/14 ORDERING that the Clerk of the Court make a random assignment of a district judge to this case. It is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)
January 5, 2015
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ORDER signed by Magistrate Judge Allison Claire on 12/31/14 ORDERING that the recommendation that this case be dismissed 11 is WITHDRAWN; and the court will screen the complaint in due course.(Dillon, M)
May 26, 2015
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service of process for defendant Miranda.(Yin, K)ORDER signed by Magistrate Judge Allison Claire on 5/22/2015 ORDERING that claims against defendant Swingle and Doe defendants are DISMISSED with leave to amend within 30 days. Plaintiff is not obliged to amend his complaint. The allegations in the pleading are sufficient to state claims against defendant Miranda.If plaintiff elects not to amend the complaint, then within 30 days he must file either (1) a notice of intent to serve defendant Miranda within 60 days or (2) proof or waiver of
November 20, 2015
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ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 11/19/15 ordering that within 10 days of the date of this order, plaintiff must show cause why this case should not be dismissed for failure to effect timely service and to comply with the court's 8/17/15 order. (Plummer, M)
December 24, 2015
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ORDER signed by Magistrate Judge Allison Claire on 12/23/2015 SANCTIONING Plaintiff's counsel of record, Julia M. Young $250.00, payable to the Clerk of Court within ten days; SETTING a Status (Pretrial Scheduling) Conference for 2/10/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; ORDERING the parties to confer, as required by F.R.Cv.P. Rule 26(f), prior to the Status Conference; ORDERING the parties to file status reports fourteen days prior to the Status Conference; REMINDING the parties that the plaintiff is not exempt from the initial disclosure rules and that motions are to be noticed in accordance with the requirements for Local Rule 230(a)-(k); FURTHER REMINDING the parties that a United States Magistrate Judge is available to conduct all proceedings in this action. (cc: Financial Sacramento) (Michel, G.)
September 1, 2016
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ORDER signed by Magistrate Judge Allison Claire on 08/31/16 ordering plaintiff shall have until 9/07/16 to file an amended response to defendant's statement of undisputed facts that complies with Federal Rule of Civil Procedure 56(c) and Local rule 260(b). Defendant shall have until 9/14/16 to file a reply to the amended response. The 09/07/16 hearing on defendant's motion for summary judgment is vacated. ( Motion Hearing re-set for 9/21/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) (Plummer, M)
January 26, 2017
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ORDER signed by Magistrate Judge Allison Claire on 1/25/17 ordering The pretrial conference set for January 30, 2017, is vacated and re-set for February 27,2017, at 1:30 p.m. in Courtroom 5 before the Honorable William B. Shubb. Fourteen days before the date scheduled for the conference plaintiff shall file the statement required by Local Rule 281.Seven days before the conference defendant shall file his statement pursuant to the same rule. In addition to the material required by Local Rule 281, either party is invited to submit any suggestions it may have concerning the matters set forth in Local Rule 282. This matter remains set for jury trial before the Honorable William B. Shubb on March 28, 2017, at 9:00 a.m. in Courtroom 5. (Plummer, M) Modified on 1/26/2017 (Plummer, M).
January 26, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/26/2017 RECOMMENDING defendant's 27 motion for summary judgment be granted; and judgment be entered for defendant. Referred to Judge Willam B. Shubb; Objections to F&R due within 14 days. (Yin, K)
February 3, 2017
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ORDER signed by Magistrate Judge Allison Claire on 2/2/2017 DENYING plaintiff's 36 motion for polygraph. Any further pro se motions will be DISREGARDED. The Clerk shall serve a courtesy copy of this order on plaintiff at SVSP. (Yin, K)
February 22, 2017
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ORDER signed by Senior Judge William B. Shubb on 2/22/2017 ADOPTING 35 Findings and Recommendations in full and GRANTING 27 Motion for Summary Judgment. Judgment entered for Defendant. CASE CLOSED. (Donati, J)
March 8, 2017
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ORDER signed by Senior Judge William B. Shubb on 3/7/17: Plaintiff is ORDERED to file a response to the Bill of Costs within ten (10) days from the date of this Order. (Kaminski, H)
March 22, 2017
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ORDER signed by Senior Judge William B. Shubb on 3/22/17 ORDERING that defendant's 42 Bill of Costs in the amount of $775.00 is DENIED without prejudice to its being renewed after plaintiff's appeal is resolved. (Kastilahn, A)