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14-1796 - (PC) Hardin v. Gowan, et al.


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14-1796 - (PC) Hardin v. Gowan, et al.
July 29, 2014
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ORDER TRANSFERRING CASE - to the United States District Court for the Eastern District of California. Signed by Judge Jacqueline Scott Corley on 7/29/2014. (Attachments: # (1) Certificate/Proof of Service)(tlS, COURT STAFF) (Filed on 7/29/2014)[Transferred from cand on 7/30/2014.]
August 5, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/5/14: Plaintiff shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or required fees in the amount of $400.00. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. (Kaminski, H)
September 9, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/9/14 ORDERING that Plaintiffs motion to proceed in forma pauperis (ECF No. 15) is DISMISSED without prejudice. Plaintiff shall submit, within 30 days from the date of this order, a fully completed in forma pauperis application on the form provided by the Clerk of the Court, along with a certified copy of his prison trust account statement for the six month period immediately preceding the filing of the complaint. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. (Dillon, M)
March 20, 2015
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kevin Hosea Hardin signed by Magistrate Judge Edmund F. Brennan on 03/19/15. 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)
July 14, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/13/15 denying 29 Motion to Appoint Counsel. (Dillon, M)
December 1, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/1/2015 ORDERING that within 90 days, defense counsel shall endeavor to discover the identity of the proper nonparty for substitution and either: (a) serve the notice of suggestion of death on that nonparty, along with re-service on plaintiff and filing with the court or (b) file a declaration documenting the steps taken to discover the proper nonparty's identity and explaining why that nonparty's identity could not be discovered.(Yin, K)
March 4, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 03/03/16 ordering if plaintiff wishes to file a motion for substitution of deceased party, he must do so within 30 days from the date of this order. (Plummer, M)
May 17, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/17/16 ORDERING that Service of plaintiff's motion for substitution (ECF No. 40) is appropriate for Ms. Gowans. The Clerk of the Court shall send plaintiff 1 USM-285 form. Within 30 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed USM form. Upon receipt of the necessary materials, the court will direct the U.S. Marshal to serve Ms. Gowans with the motion for substitution.(Dillon, M)
January 25, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/25/2017 ORDERING, within 21 days, Ms. Gowans shall file a written response to plaintiff's motion to substitute. Failure to comply will be construed as a waiver of any opposition to the motion and result in the motion being granted. The Clerk shall serve a copy of this order on Ms. Gowans c/o KP-Affiliated Provider Services.(Yin, K)
February 24, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/23/17 ORDERING that plaintiff's motion to substitute Daphne Benson Gowans, the executor of defendant Reginald Gowanss estate (Estate) for deceased defendant Gowans (ECF No. 40) is granted and the Clerk of the Court shall amend the docket accordingly. In accordance with Rule 12 of the Federal Rules of Civil Procedure, the Estate shall file an answer or other responsive pleading within 21 days. (Dillon, M)
April 4, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/4/2017 ORDERING, within 21 days, plaintiff shall file either an opposition to the 50 motion to dismiss or a statment of no opposition. (Yin, K)
September 5, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/5/2017 ORDERING the Clerk to randomly assign a US District Judge to this action and GRANTING defendant's 58 motion to strike plaintiff's 8/3/2017 sur-reply. IT IS RECOMMENDED that defendant's 50 motion to dismiss be granted. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
December 20, 2017
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ORDER signed by District Judge John A. Mendez on 12/19/17 ADOPTING 61 FINDINGS AND RECOMMENDATIONS and GRANTING 50 Motion to Dismiss. The Clerk is directed to close the case. (Kaminski, H)