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14-1888 - (PC) Rowell v. Zamora, et al


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14-1888 - (PC) Rowell v. Zamora, et al
October 20, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/19/2015 GRANTING plaintiff's 2 request to proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order. Plaintiff's request for the appointment of counsel is DENIED without prejudice. The complaint is DISMISSED with leave to amend within 30 days. (Yin, K)
October 20, 2015
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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)ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Sean L. Rowell signed by Magistrate Judge Edmund F. Brennan on 10/19/2015. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to
April 26, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/26/16 ORDERING that because plaintiff did not sign the amended complaint (ECF No. 11), it must be disregarded. Within 30 days, plaintiff may file an amended complaint that is signed. Failure to comply with this order may result in a recommendation of dismissal.(Dillon, M)
June 15, 2016
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[VACATED PURSUANT TO 16 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/15/16 recommending that the amended complaint 13 be dismissed for failure to state a claim upon which relief may be granted and that the clerk be directed to close the case. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M) Modified on 6/27/2016 (Yin, K).
June 27, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/27/2016 VACATING the 6/15/2016 findings and recommendations 14. Within 30 days, plaintiff may file a second amended complaint curing the defects in his Eighth Amendment claim. Failure to comply with this order will again result in a recommendation that this action be dismissed for failure to state a claim. (Yin, K)
July 18, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/18/16 GRANTING 17 Motion for Extension of time; plaintiff has 30 days from the date thisorder is served to file his amended complaint.(Dillon, M)
December 6, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/5/2016 DENYING plaintiff's 26 request for appointment of counsel. (Yin, K)
January 31, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/30/17 GRANTING 29 Motion for Extension of time; Defendant shall respond to the second amended complaint on or before March 1, 2017.(Dillon, M)
February 13, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 02/13/17 ordering the Clerk of the Court shall mail plaintiff a form USM-285 form. Within 30 days from the date this order is served, plaintiff must submit the attached Notice of Submission of Documents with the completed form USM-285 providing new instructions for service of process for defendant Medina. (Plummer, M)
April 6, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/6/2017 ORDERING, within 21 days, plaintiff shall file either an opposition to the motion to dismiss or a statement of no opposition. (Yin, K)
May 15, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 05/15/17 ordering this court hereby approves the substitution of attorney filed by A. Pomazal substituting Janine K. Jeffery of Reily & Jeffery, Inc. in place and instead of Joanna Breiden Hood. (Plummer, M)
March 15, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/14/2018 RECOMMENDING defendants' 36 motion to dismiss be granted in part: (1) The official capacity claims against defendants Abdur Rahman and Dorothy Swingle should be dismissed for failure to state a claim; (2) The medical deliberate indifference claims based on the prescription of NSAIDsagainst Rahman and Swingle should also be dismissed for failure to state a claim; and (3) The motion should be denied in all other respects. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
March 15, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/14/2018 RECOMMENDING defendants' 54 motion to dismiss be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
March 16, 2018
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AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/15/18 recommending that defendants' motion to dismiss 36 be granted in part as follows: The official capacity claims against defendants Abdur Rahman, Dorothy Swingle, and David Medina should be dismissed for failure to state a claim. The medical delberate indifference claims based on the prescription of NSAIDs against Rahman, Swingle and Medina should also be dismissed for failure to state ca claim; and the motion should be denied in all other respects. MOTION to DISMISS 36 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M) Modified on 3/16/2018 (Plummer, M).
April 24, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 4/23/18 ORDERING that the findings and recommendations filed 3/15/18, are ADOPTED in FULL; and Defendants' motion to dismiss 54 is DENIED. (Becknal, R)
April 24, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 4/23/18 ORDERING that the findings and recommendations filed 3/16/18, are ADOPTED in FULL; and Defendants' motion to dismiss 36 is GRANTED in part as follows: the official capacity claims against defendants Abdur Rahman, Dorothy Swingle, and David Medina are DISMISSED for failure to state a claim; the medical deliberate indifference claims based on the prescription of NSAIDs against Rahman, Swingle, and Medina are also DISMISSED for failure to state a claim; and the motion is DENIED in all other respects. (Becknal, R)