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14-2580 - (PC) Goods v. McCumber, et al.


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14-2580 - (PC) Goods v. McCumber, et al.
November 6, 2014
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/6/2014 ORDERING the clerk to randomly assign a District Judge and to serve a copy of this order on Monica Anderson and the Warden of CSP- Sacramento. District Judge Troy L. Nunley RANDOMLY ASSIGNED to this case. It is HEREBY RECOMMENDED that 3 Plaintiff's Motion be partially granted. It is FURTHER RECOMMENDED that defendants be directed to provide plaintiff with as many copies of his petition for habeas corpus as are required to make a complete submission with the Calfornia Supreme Court in sufficient time to meet his 11/25/2014 deadline and provide plaintiff with one additional copy. Referred to Judge Troy L. Nunley. Objections due within 7 days after being served with these findings and recommendations. (CC- Monica Anderson) (Donati, J)
November 14, 2014
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ORDER signed by District Judge Troy L. Nunley on 11/14/14 ADOPTING 5 Findings and Recommendations in full and GRANTING 3 Motion for Temporary Restraining Order. (Donati, J)
December 9, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/9/2014 RECOMMENDING that plaintiff's 1 complaint be dismissed with prejudice, with the proviso that this dismissal shall not act as a bar to plaintiff filing a petition for writ of habeas corpus at the federal level once he properly exhausts State collateral review with respect to the judgment or claim he is challenging at the California Supreme Court; plaintiff's 2 request for leave to proceed in forma pauperis be denied as moot; and this case be closed. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
January 5, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/15 ORDERING that the findings and recommendations filed on December 9, 2014 8 are vacated; and Defendants are directed to file and serve one or more declarations addressing (i) whether defendant was provided with sufficient copies of his petition for a writ of habeas corpus to make a timely and complete submission with the California Supreme Court, as ordered by the court on November 14, 2014, and if he was not so provided, (ii) the reasons for the omission, and (iii) what steps defendants are taking to ensure that plaintiff can make a proper filing with the California Supreme Court, particularly in light of the fact that it appears plaintiff has missed his filing deadline. These declarations must be filed with the court and served on defendant no later than January 12, 2015, at 4:30 p.m.(Dillon, M)
January 23, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/23/2015 GRANTING plaintiff's 2 request to proceed IFP; plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order; claims against defendants McCumber and Hamad are DISMISSED with leave to amend within 30 days, plaintiff is not obliged to amend his complaint; service is appropriate for Kemp, Bradford, Triche and Dennehy; the Clerk shall provide plaintiff with forms for service which plaintiff may complete and return within 30 days; plaintiff shall return the Notice of Submission or Amendment with response; paragragh two of the 1/5/2015 order (ECF No. 11 at 3:7-15) is VACATED; within 21 days, Supervising Deputy AG Monica Anderson shall file a response to plaintiff's contention that he cannot file his petition for writ of habeas corpus in the CA Supreme Court because he needs fourteen copies and was only provided two copies; and the Clerk shall send a copy of this order to Monica Anderson. (cc: Monica Anderson) (Yin, K)
January 23, 2015
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Gregory Goods signed by Magistrate Judge Kendall J. Newman on 1/23/2015. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to 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)
March 22, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/22/2017 ORDERING service is appropriate for J. R. Bradford, A. Dennehy, D. Hamad, P. Kemp, and D. Triche. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED that plaintiff's claims against Virga, Green and Arent be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
May 24, 2017
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ORDER adopting 25 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 5/23/17: Plaintiff's claims against Virga, Green and Arent are dismissed without prejudice. This action proceeds on Plaintiff's claims against the remaining Defendants. (Kaminski, H)
July 11, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2017 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy 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) (Henshaw, R)
July 13, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/2017 PARTIALLY GRANTING 33 Motion for Extension of Time to File Responsive Pleading. Defendants are relieved of their obligation to file a responsive pleading until further order of this court. (Henshaw, R)
September 27, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/26/17 DENYING 39 plaintiff's motion without prejudice. (Plummer, M)
October 27, 2017
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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 order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Henshaw, R)ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 10/27/2017 ORDERING the Custodian to produce Gregory Goods at 1:30 p.m. on 12/20/2017 in Courtroom #25 before Magistrate Judge Kendall J. Newman.
March 19, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/19/2018 DULY NOTING 54 Motion for Trial by Jury, and Plaintiff shall refrain from filing further motions for jury trial, and GRANTING 55 Motion for Extension of Time. Plaintiff granted 30 days from the date of this order in which to file an opposition to 52 Motion to Dismiss. Defendants' reply, if any, to be filed 7 days thereafter. (Henshaw, R)
July 16, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 07/16/18 ORDERING the Clerk of the Court shall send plaintiff a copy of plaintiff's 5/29/18 opposition, without the banner across the top 60. Within 21 days, plaintiff shall re-file a signed and complete opposition to defendants' motion to dismiss. (Plummer, M)