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14-2732 - (PC) Hart v. Young, et al.


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14-2732 - (PC) Hart v. Young, et al.
December 2, 2014
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ORDER signed by Magistrate Judge Dale A. Drozd on 12/2/2014 ORDERING plaintiff to submit within 30 days either the $400.00 filing fee or a properly completed ifp application; and the Clerk shall send plaintiff an ifp application.(Yin, K)
December 18, 2015
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ORDER; FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/18/15 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for S. Cervantes, Kimberlyn Young. Clerk to send plaintiff: 1 Summons, 2 USM-285 Forms, and 1 copy of the Complaint filed on 11/20/14.Plaintiffs request for leave to proceed in forma pauperis 4, 5 is GRANTED. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Clerk of the Court shall appoint a district judge in this action. It is RECOMMENDED that Warden Swarthout be dismissed from this action. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
December 18, 2015
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 12/18/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Richard Hart 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)
March 25, 2016
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ORDER ADOPTING 8 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge John A. Mendez on 3/25/2016. Defendant G. Swarthout (Warden) is DISMISSED from this action. (Marciel, M)
April 15, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/15/16 GRANTING 14 Motion for Extension of time; Clerk to send plaintiff: 1 Summons, 2 USM-285 Forms, and 1 copy of the Complaint filed on 11/20/14; Within 30 days from the date of this order, plaintiff shall complete the Notice of Submission of Documents and submit the proper documents to the court.(Dillon, M)
July 14, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/16 ordering the Clerk of the Court is directed to send plaintiff a blank summons and two USM-285 forms. Within thirty days, plaintiff shall submit to the court the completed summons and USM-285 forms for defendants S. Cervantes and Kimberlyn Young required to effect service. (Plummer, M)
April 4, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 04/03/17 recommending that defendants' motion to dismiss 26 be granted. Plaintiff's due process claim under the Fourteenth Amendment be dismissed without prejudice. Plaintiff's access to courts claim under the First Amendment be dismissed without prejudice. MOTION to DISMISS 26 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
September 28, 2017
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ORDER signed by District Judge John A. Mendez on 9/28/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 4/3/17 30 are ADOPTED in full; Defendants' MOTION to DISMISS 26 is GRANTED. Plaintiff's due process claim under the Fourteenth Amendment is DISMISSED without prejudice; Plaintiff's access-to-courts claim under the First Amendment is dismissed without prejudice; Plaintiff may file an emended complaint within 30 days of this order in accordance with the directions established in the findings and recommendations 30 at 11; and If Plaintiff fails to file a timely complaint within 30 days, then this case shall be dismissed with prejudice.(Mena-Sanchez, L)