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14-2410 - (PS) Ekunwe v. County of Sacramento, et al.


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14-2410 - (PS) Ekunwe v. County of Sacramento, et al.
April 21, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 4/20/15 GRANTING 2 Motion to Proceed IFP; DISMISSING claims against defendants Scott Jones and the County of Sacramento with leave to amend. Within 30 days of service of this order, plaintiff may file an amended complaint to attempt to state cognizable claims against these defendants. Plaintiff, however, is not obliged to amend his complaint. The Clerk of the Court is DIRECTED to issue process and to send plaintiff an instruction sheet for service of process by the U.S. Marshal, one USM-285 form, a summons form, and an endorsed copy of plaintiff's 1 complaint filed October 14, 2014. If plaintiff elects to forgo the filing of an amended complaint and wishes to instead proceed forthwith against defendant McEntire, within 30 days after this order is served, plaintiff shall submit to the U.S. Marshal one properly completed USM-285 forms, one properly completed summons forms, and the number of copies of the endorsed complaint and of this order required by the U.S. Marshal; the required documents shall be submitted directly to the U.S. Marshal either by personal delivery or by mail. In this event, the court will construe plaintiff's election to proceed forthwith as consent to the dismissal of his defective claims against defendants Scott Jones and the County of Sacramento without prejudice. Within 10 days after submitting the required materials to the U.S. Marshal's Service, plaintiff SHALL FILE with this court a declaration stating the date on which he submitted the required documents to the U.S. Marshal. Failure to file the declaration in a timely manner may result in an order imposing appropriate sanctions. Within 30 days after receiving the necessary materials from plaintiff, the U.S. Marshal is DIRECTED to serve process on defendant David McEntire without prepayment of costs. The Clerk of the Court is DIRECTED to serve a copy of this order on the U.S. Marshal. Plaintiff is cautioned that the failure to comply with this order may result in a recommendation that this action be dismissed. (cc: USM). (Meuleman, A)
August 31, 2015
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ORDER TO SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 8/28/2015 ORDERING that within 14 days of the date of this order plaintiff shall show cause in writing as to why this action should not be dismissed for a lack of prosecution. (Reader, L)
January 13, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/12/16 ORDERING an Initial Scheduling Conference is set for 2/10/16 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; Plaintiff shall file and serve a status report on or before 1/27/16, and defendant shall file and serve a status report on or before 2/3/16. The parties are cautioned that failure to file a status report or failure to appear at the status conference may result in an order imposing an appropriate sanction. (Becknal, R)
February 3, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/3/16 ORDERING that the Status (Pretrial Scheduling) Conference is CONTINUED to 3/2/2016. Plaintiff shall show cause, in writing, no later than 2/17/16, why sanctions should not be imposed for the failure to timely file a status report. Plaintiff shall file a Status Report no later than 2/17/16.(Mena-Sanchez, L)
November 1, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 10/31/16: 25 Ex Parte Application for an order to modify the pretrial scheduling order is denied without prejudice. (Kaminski, H)
December 9, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 12/8/16 ORDERING that on December 6, 2016, plaintiff filed an inquiry regarding a request for a subpoena. (ECF No. 30.) Plaintiff is advised to consult the March 8, 2016, Status (Pretrial Scheduling) Order, Federal Rule of Civil Procedure 45, and Local Rule 250.5. (Becknal, R)
December 15, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 12/14/2016 ORDERING that plaintiff SHOW CAUSE in writing within fourteen days of the date of this order as to why this case should not be dismissed for lack of prosecution. The 12/23/2016 hearing of defendant's 29 motion is CONTINUED to Friday, 1/27/2017, at 10:00 a.m., in Courtroom No. 27, before Magistrate Judge Deborah Barnes. On or before 1/13/2017, plaintiff shall file a statement of opposition or non-opposition to defendant's motion. Plaintiff is cautioned that the failure to timely comply with this order may result in a recommendation that this case be dismissed. (Zignago, K.)
January 19, 2017
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/18/17 ORDERING that the January 27, 2017 hearing of defendant's motion is VACATED; and defendant's November 21, 2016 motion for summary judgment (ECF No. 29) is DENIED without prejudice as having been rendered moot. It is RECOMMENDED that Plaintiff's October 14, 2014 complaint (ECF No. 1) be dismissed without prejudice; and this action be closed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)