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14-2378 - (PC) Garcia v. Folks et al


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14-2378 - (PC) Garcia v. Folks et al
October 9, 2014
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ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Michael J. Seng on 10/8/14. New Case Number 2:14-cv-02378-EFB (PC).(Verduzco, M)
October 24, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/24/14 ORDERING that plaintiff has 30 days from the date of service of this order to submit either the filing fee or the application required by ยง 1915(a). The Clerk of the Court is directed to mail to plaintiff a form application for leave to proceed in forma pauperis. (Dillon, M)
November 18, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/17/14 GRANTING 7 Motion for Extension of time. Plaintiff has 30 days from the date this order is served to file his application to proceed in forma pauperis and required certified inmate trust account statement.(Dillon, M)
December 2, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/2/14 ORDERING that plaintiffs request 9 is denied as unnecessary and the Clerk is directed to terminate docket entry number 9. (Dillon, M)
November 13, 2015
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ORDERDIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 11/13/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Raul Garcia and forward payment to the court until the balance is paid in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit to the Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial)(Dillon, M)
January 5, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/4/16 ORDERING that the Clerk of the Court is directed to provide plaintiff with another copy of the endorsed October 6, 2014 complaint. Within thirty days, plaintiff shall submit to the court nine copies of the endorsed October 6, 2014 complaint, which are required to effect service. Failure to return the copies within the specified time period will result in dismissal of this action.(Dillon, M)
October 3, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 9/30/2016 DENYING plaintiff's 35 motion for appointment of counsel. (Yin, K)
November 10, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 11/09/16 ordering that plaintiff's 10/24/16 request for entry of default 41 is denied without prejudice as premature. (Plummer, M)
November 10, 2016
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ORDER denying 39 Motion to Appoint Counsel signed by Magistrate Judge Deborah Barnes on 11/09/16. (Plummer, M)
December 13, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 12/12/2016 DENYING without prejudice plaintiff's 47 unclear request for forms. (Yin, K)
January 10, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 1/9/17 ORDERING that plaintiff's request for an extension of time to answer defendants' discovery requests (ECF No. 53) is GRANTED. Plaintiff shall have an additional 30 days to respond to those requests. Plaintiff's request for an extension of the discovery cutoff (ECF No. 54) is GRANTED. The discovery and scheduling order issued October 11, 2016 (ECF No. 38) is AMENDED. The deadline for discovery is continued to February 27, 2017. The parties may conduct discovery until that date. In addition, any motions to compel discovery shall be filed by that date. Plaintiff's 55 request for subpoenas duces tecum is DENIED.(Dillon, M)
February 27, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 02/27/17 plaintiff's motion to serve additional interrogatories 61 is denied. Plaintiff's motion for issuance of subpoenas 62 is denied. Plaintiff's motion to compel 63 is dismissed as moot. (Plummer, M)
May 26, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 5/25/2017 ORDERING defendants' 67 motion to compel is WITHDRAWN. Within 20 days, plaintiff shall inform the court whether he as received a response to his motion to compel and it is therefore moot. If plaintiff does not file a timely notification, the court will accept defendants' representation that they have responded to the discovery requested in the motion to compel and will dismiss plaintiff's motion as moot. (Yin, K)
June 15, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 6/15/2017 DISMISSING AS MOOT 72 Motion to Compel and GRANTING 78 Motion for Extension of Time. Deadline for filing pretrial motions extended to 6/26/2017. (Henshaw, R)
July 20, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 07/20/17 denying 84 Motion to Appoint Counsel and granting 83 Motion for Extension of time. Plaintiff shall place his opposition in the mail on or before 8/17/17. Any reply shall be filed and served in accordance with Local Rule 230(l). (Plummer, M)
August 30, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 8/29/2017 GRANTING 86 Motion for Extension of Time. Plaintiff to place his opposition in the mail on or before 9/18/2017. (Henshaw, R)
January 29, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/26/18 RECOMMENDING that defendants' motion for summary judgment 80 be denied on the issue of exhaustion and denied without prejudice on the merits. Defendants' motion to strike the sur-reply 95 be granted. The court schedule an evidentiary hearing on the exhaustion issues identified above. The court appoint counsel for plaintiff. Motions 80 and 95 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
January 31, 2018
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: Magistrate Judge Michael J. Seng. The envelope shall be marked Confidential Settlement Statement. Settlement statements shall arrive no later than March 16, 2018. Parties shall also file a Notice of Submission of Confidential Settlement Statement (See Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the Court nor served on any other party. Settlement statements shall be clearly marked "confidential" with the date and time of the settlement conference indicated prominently thereon. (cc: MJS) (Plummer, M) Modified on 2/14/2018 (Plummer, M).[VACATED PURSUANT TO 2/14/18 ORDER]ORDER signed by Magistrate Judge Deborah Barnes on 1/30/18 ORDERING ( Settlement Conference set for 3/23/2018 at 09:00 AM before Magistrate Judge Michael J. Seng. at California State Prison, Corcoran) Parties shall provide a confidential settlement statement to the following email address: [email protected] Plaintiff shall mail his confidential settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, Attention
January 31, 2018
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[VACATED PURSUANT TO 2/14/18 AMENDED WRIT]ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 1/30/18 ORDERING the Custodian to produce Raul Garcia on 3/23/18 at 9:00 a.m. before Magistrate Judge Michael J. Seng at CSP-Corcoran. 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. (cc: MJS)(Plummer, M) Modified on 2/14/2018 (Plummer, M).
February 14, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 2/13/18 ORDERING the 1/31/18 order 97 setting a settlement conference of 3/23/18 is vacated. ( Settlement Conference set for 3/29/2018 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) Parties are directed to submit confidential settlement statements no later than March 22, 2018 to [email protected] Plaintiff shall mail his confidential settlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814 so it arrives no later than March 22, 2018. The envelope shall be marked CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT. Parties are also directed to file a Notice of Submission of Confidential Settlement Statement (See L.R. 270(d)).Settlement statements should not be filed with the Clerk of the Court nor served on any other party. Settlement statements shall be clearly marked confidential with the date and time of the settlement conference indicated prominently thereon. (cc: CKD). (Plummer, M)
February 14, 2018
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AMENDED ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 2/13/18 ORDERING the Order and Writ of Habeas Corpus Ad Testificandum issued on 1/31/18 is vacated and replaced with the present order and writ. The Custodian shall produce Raul Garcia on 3/29/18 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: CKD and OTCD) (Plummer, M)
March 30, 2018
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ORDER signed by District Judge John A. Mendez on 3/29/18 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/29/18 96 are ADOPTED in full; Defendants' Motion for Summary Judgment 80 is DENIED on the issue of exhaustion and DENIED without prejudice on the merits; Defendants' Motion to Strike the sur-reply 95 is GRANTED; and This case is referred back to the Magistrate Judge for the appointment of counsel for Plaintiff and to conduct an evidentiary hearing on the exhaustion issues identified in the January 29 Findings and Recommendations. (Mena-Sanchez, L)
April 3, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 04/02/18 ORDERING that this case is referred to the court's Pro Bono Coordinator, Sujean Park, to locate counsel willing to represent plaintiff in this case for purposes of preparing for and conducting an evidentiary hearing on the issue of exhaustion. (cc: ADR Director)(Plummer, M)
May 31, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 05/31/18 ORDERING Douglas R. Thorn is appointed as counsel in the above entitled matter. Counsel is appointed for the limited purpose of preparing for and representing plaintiff at an evidentiary hearing on the issue of exhaustion as outlined in the findings and recommendations dated January 26, 2018 96. Douglas R. Thorns appointment will terminate when the order on the issue of exhaustion has been filed. ( Status Conference set for 8/3/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) (Plummer, M)
August 7, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 08/06/18 ORDERING ( Evidentiary Hearing set for 10/22/2018 at 09:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) (Plummer, M)