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14-1743 - (PC) Boyce v. Fox et al


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14-1743 - (PC) Boyce v. Fox et al
July 22, 2014
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ORDER TRANSFERRING CASE TO U.S. DISTRICT COURT FOR EASTERN DISTRICT OF CALIFORNIA. Signed by Judge Yvonne Gonzalez Rogers on 7/22/14. (Attachments: # (1) Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 7/22/2014)[Transferred from cand on 7/24/2014.]
July 28, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/28/2014 ORDERING 2 Motion to Proceed IFP is DISMISSED without prejudice; Clerk is directed to send plaintiff new Application to Proceed In Forma Pauperis By a Prisoner; and plaintiff shall submit, within thirty days from the date of this order, a completed application to proceed in forma pauperis. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Waggoner, D)
December 9, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/09/14 granting 7 Motion to Proceed IFP. 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 complaint is dismissed. Within 30 days from the date of this order, plaintiff shall complete the attached Notice of Amendment and submit it along with an original and 1 copy of the amended complaint. (Plummer, M)
December 9, 2014
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Donnell Boyce signed by Magistrate Judge Kendall J. Newman 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)
February 5, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/04/16 ordering plaintiff's motion for appointment of counsel 15 is granted. This case is referred to Sujean Park, the court's ADR and Pro Bono Coordinator to attempt to locate pro bono counsel to represent plaintiff in these proceedings. If an attorney can be found to represent plaintiff, that attorney shall be appointed as counsel for plaintiff, if only for the limited purpose of drafting the second amended complaint. Defendants' motion to dismiss 21 is partially granted, but plaintiff is granted leave to amend. Within 60 days from the date of an order appointing counsel, plaintiff shall file a second amended complaint in compliance with this order. (cc: ADR Director) (Plummer, M)
March 1, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/1/16 ORDERING that Kellan S. Patterson is appointed as counsel for the limited purpose of investigating plaintiff's claims, and drafting and filing an amended complaint. The amended complaint is due sixty days from the date of this order, in compliance with the order issued February 5, 2016. The appointment of Kellan S. Patterson will terminate when plaintiff's amended complaint is filed, or counsel files a notice that an amended complaint would not be appropriate. Attorney Kellan Steven Patterson for Donnell Boyce added. Clerk of the Court is directed to serve a copy of this order upon Kellan S. Patterson.(Dillon, M)
April 11, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/4/2016 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Kellan Patterson is GRANTED. (Crouch, J)
May 6, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/16 GRANTING 36 Request for Appointment of Counsel. Kellan Steven Patterson is appointed as attorney for plaintiff pursuant to General Order No. 230. Plaintiff is GRANTED 30 days from the date of this order in which to file an oppositionto defendants motion to dismiss. (Jackson, T)
January 30, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/27/17 RECOMMENDING that defendants' motion to dismiss be granted in part and denied in part, as follows: Defendants' motion to dismiss plaintiff's claims as unexhausted be denied without prejudice; Plaintiff's claims that defendants Fox and Does 1-5 failed to implement policies and procedures to warn him about, screen for, or protect plaintiff from Valley Fever upon his placement and housing at DVI in 2011 to 2012 be dismissed, and, in the alternative, defendants Fox and Does 1-5 be granted qualified immunity as to such claims; Defendant Kim be dismissed from this action based on plaintiff's failure to include any charging allegations against defendant Kim; Plaintiff's claims against defendant Ogbodo should be dismissed without prejudice; and Defendant Dr. Wong's motion to dismiss be denied, and Dr. Wong be required to file an answer within 14 days of any district court order adopting these findings and recommendations. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
March 7, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 3/6/17: 43 FINDINGS AND RECOMMENDATIONS are adopted in full and 38 MOTION to dismiss38 is granted in part and denied in part. (Kaminski, H)
April 11, 2017
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ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 4/10/2017. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy, Matt Caspar, within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Monica Anderson. (cc: Monica Anderson) (Yin, K)
August 4, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 08/04/17 ORDERING the Custodian to produce Donnell Boyce on 9/26/17 at 9:00 a.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 writ on the Custodian and Out-to-Court Desk. (cc: OTCD)(3 certified copies of writ sent to the Warden, CSP-Los Angeles County)(Plummer, M) Modified on 8/4/2017 (Plummer, M).
February 21, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/21/2018 GRANTING 58 Motion and VACATING the discovery and dispositive motions deadlines set in 54 Discovery and Scheduling Order. The court will issue a revised scheduling order, if appropriate, following resolution of the pending motion for summary judgment. (Henshaw, R)
June 15, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/15/2018 RECOMMENDING defendant's 55 motion for summary judgment be granted; and this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)