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14-2705 - (PC) Diaz v. Fox et al


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14-2705 - (PC) Diaz v. Fox et al
December 1, 2014
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/14 ORDERING that Plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the amount of $400.00; plaintiffs failure to comply with this order will result in a recommendation that this action be dismissed; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
January 20, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/20/15 ORDERING that Plaintiffs request for leave to proceed in forma pauperis 6 is granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff's complaint is DISMISSED with 30 days to file an amended complaint. Plaintiffs motion for temporary restraining order 1 is denied without prejudice.(Dillon, M)
January 20, 2015
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 1/20/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Miguel Diaz 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)
May 28, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 05/28/15 recommending that this action be dismissed with prejudice for failure to state a claim. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
July 14, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/14/15 ordering the findings and recommendations filed 5/28/15 13 are partially vacated as follows: The first amended complaint is dismissed for failure to state a claim; and plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. (Plummer, M)
October 19, 2015
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/19/2015 ORDERING that service is appropriate for Ferreira, Stankiewicz. 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 all defendants and claims be dismissed from this action except Eighth Amendment deliberate indifference claims against Ferreira and Stankiewicz. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
December 10, 2015
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ORDER signed by Judge John A. Mendez on 12/10/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/19/15 21 are ADOPTED in full; and all Defendants and claims are DISMISSED from this Action with prejudice except Eighth Amendment deliberate indifference claims against Ferreira and Stankiewicz. (Mena-Sanchez, L)
February 24, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/24/2016 GRANTING defendants' 29 motion to stay; and discovery in this action is STAYED pending the resolution of defendants' motion to dismiss and the issuance of a Discovery and Scheduling Order. (Yin, K)
March 14, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/14/2016 DENYING plaintiff's 35 motion for recusal.(Yin, K)
March 25, 2016
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ORDER signed by District Judge John A. Mendez on 3/25/16 ORDERING that, upon reconsideration, the order of the magistrate judge filed 2/24/2016 is AFFIRMED. (Kastilahn, A)
June 28, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 06/27/16 recommending that defendants' motion to dismiss 28 be denied. MOTION to DISMISS 28 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
August 31, 2016
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ORDER adopting in full 38 FINDINGS AND RECOMMENDATIONS, signed by District Judge John A. Mendez on 8/31/16. Defendants' 28 motion to dismiss is DENIED. (Kastilahn, A)
February 28, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/28/17 denying 47 Motion for protective order. (Plummer, M)
May 22, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/22/2017 GRANTING defendants' 56 motion to modify the scheduling order. The deadline to file pretrial motions will be set by the Court after the parties' pending discovery motions have been ruled on. (Yin, K)
November 9, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/09/17 DENYING 70 plaintiff's motion for recusal; DENYING 72 plaintiff's motion for extension of time; and DENYING 66, 71 plaintiff's motions for contempt and monetary sanctions. Plaintiffs motion to compel 50 is granted in part and denied in part. The motion is granted to the extent that defendants shall re-serve plaintiff with their privilege log within seven days of the filing of this order. The motion is otherwise denied. Defendants shall have fourteen days from the filing of this order to file a response showing that they would be prejudiced by permitting plaintiff to withdraw his admissions and amend them with his untimely responses. Plaintiff may file a reply within fourteen days of service of the response. Defendants motion to compel further discovery responses 54-1 is granted. Within twenty-one days of service of this order, plaintiff must provide further responses to defendants requests for production and interrogatories, as set forth in this order. Defendants shall have forty-five days from service of this order to bring any motion for sanctions based upon plaintiffs failure to comply with this order. Defendants motion to compel plaintiff to submit to a deposition 54-1 is granted and they shall have sixty days from the filing of this order to take plaintiffs deposition. If plaintiff refuses to participate in his deposition, defendants may bring a motion for sanctions within fourteen days of being advised of plaintiffs refusal. Defendants request for their costs and fees associated with bringing this motion and plaintiffs failed deposition is denied. (Plummer, M)
January 16, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/16/2018 GRANTING 82 Motion for Extension of Time. Plaintiff shall have thirty days from the service of this order in which to file and serve an opposition. (Fabillaran, J)
June 18, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/18/18 ORDERING that the Clerk is directed to file plaintiff's notice of appeal (ECF No. 84 at 3) and forward a copy of the notice and this order to the Ninth Circuit Court of Appeal. The docket should reflect that the notice of appeal was filed 12/5/17.(Becknal, R) Modified on 6/19/2018 (Streeter, J).