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14-2824 - (PS)Cooley v. City of Vallejo et al


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14-2824 - (PS)Cooley v. City of Vallejo et al
December 17, 2014
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ORDER signed by Magistrate Judge Allison Claire on 12/16/14 ORDERING that Plaintiff's Request for leave to proceed in forma pauperis 2 is GRANTED. Service is appropriate for the following defendants: The City of Vallejo, Dustin Joseph and David McLaughlin. The Clerk is directed to issue forthwith, and the U.S. Marshal is directed to serve within ninety days of the date of this order, all process pursuant to FRCP 4, including a copy of this Court's status order, without prepayment of costs. The Clerk shall send Plaintiff one USM-285 form for each defendant, one summons, a copy of the complaint, an appropriate form for consent to trial by a Magistrate Judge and this Court's Status Order. The Clerk is directed to serve a copy of this order on the U.S. Marshal, 501 I Street, Sacramento, Ca., 95814, Tel. No. (916) 930-2030.(Mena-Sanchez, L)
April 24, 2015
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ORDER signed by Magistrate Judge Allison Claire on 4/23/2015 ORDERING the plaintiff's successor or representative to file a Motion for Substitution within 90 days; WARNING the plaintiff's successor or representative that the court will dismiss this action if a Motion for Substitution is not filed within 90 days of the filing of the 11 Statement of Death filed on 4/23/2015 [see F.R.Cv.P. Rile 25(a)]; VACATING the Initial Scheduling Conference set for 4/29/2015. (Michel, G.)
June 24, 2015
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ORDER signed by Magistrate Judge Allison Claire on 6/23/15 ORDERING that Mr. Cooley's 13 motion to substitute is DENIED without prejudice. Plaintiff has until 7/24/15, to file an amended motion for substitution. (Kastilahn, A)
July 29, 2015
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ORDER signed by Magistrate Judge Allison Claire on 7/28/15: HEARING as to 18 MOTION for Substitution RESET for 8/26/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Kaminski, H)
October 9, 2015
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ORDER denying 18 Motion to substitute signed by Magistrate Judge Allison Claire on 10/9/15. (Kaminski, H)
November 23, 2015
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ly Motion for Substitution will result in a recommendation that this action be dismissed; DIRECTING the Clerk of Court to serve a copy of this order on Jennifer Johnson at 29 Frey Place, Vallejo, CA 94590. (Michel, G.)ORDER signed by Magistrate Judge Allison Claire on 11/20/2015 ORDERING the defendants to file proofs of service of a suggestion of death upon Frederick Marceles Cooley, Jr. and Jennifer Johnson within fourteen days; ORDERING that any Motion for Substitution by Frederich Marceles Cooley, Jr., accompanied by a Motion to Appoint a Guardian Ad Litem, be filed by a licensed attorney within ninety days of the service of the aforementioned suggestion of death; CAUTIONING that the failure to file a time
January 4, 2016
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ORDER signed by Magistrate Judge Allison Claire on 01/04/16 ORDERING that within 14 days defendants shall file proofs of service of a suggestion of death upon Frederick Marceles Cooley, Jr. and Ms. Johnson in accordance with Rule 4; any motion for substitution by Frederick Marceles Cooley, Jr., accompanied by a motion to appoint a guardian ad litem, shall be filed by a licensed attorney within 90 days of the service of the suggestion of death in accordance with the terms of this order. If a proper and timely motion for substitution is not filed, the court will issue findings and recommendations for dismissal of this action; Clerk to this order on Jennifer Johnson at 29 Frey Place, Vallejo, CA 94590. (Benson, A)
May 12, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/12/16 RECOMMENDING that this matter be dismissed pursuant to Rule 25(a)(1), based upon the statement of plaintiff's death, and the failure of plaintiff's successor or representative to file a motion for substitution within 90 days of service. Referred to Judge Troy L. Nunley; Objections due within 21 days after being served with these findings and recommendations. (Becknal, R)