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14-2955 - (PS) Yee v. Sacramento County, Jail et al.


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14-2955 - (PS) Yee v. Sacramento County, Jail et al.
June 1, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/29/15 GRANTING 2 Motion to Proceed IFP; DISMISSING 1 Complaint with leave to amend. Within 28 days from the date of this order, an amended complaint shall be filed that cures the defects noted in this order and complies with the FRCP and the Local Rules of Practice. The amended complaint must bear the case number assigned to this action and must be titled "Amended Complaint." Failure to comply with this order in a timely manner may result in a recommendation that this action be dismissed. (Meuleman, A)
October 6, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/5/15 ORDERING that the amended complaint 4 is dismissed with leave to amend. Within 28 days from the date of this order, plaintiff shall file a second amended complaint. Failure to comply with this order in a timely manner may result in a recommendation that this action be dismissed. (Kastilahn, A)
June 8, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/7/16 ORDERING service is appropriate for the following defendants: Officer Harold Penny, Officer Corey Johnson and Officer Kathleen Fritzche. The Clerk of the Court shall send plaintiff 1 USM-285 form for each defendant, 1 summons, a copy of the second amended complaint filed 10/26/15, an instruction sheet, and an appropriate form for consent to trial by a magistrate judge. Plaintiff is directed to supply the U.S. Marshal, within 30 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the United States Marshal. (Jackson, T)
November 30, 2016
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he endorsed third amended complaint and of this order required by the United States Marshal. Within ten (10) days after submitting the required materials to the United States Marshals Service, plaintiff shall file with this court a declaration stating the date on which plaintiff submitted the required documents to the United States Marshal. Within thirty (30) days after receiving the necessary materials from plaintiff, the United States Marshal is directed to serve process on defendants Kathleen Fritzche, Harold Penny, Corey Johnson and the Sacramento County Jail, without prepayment of costs.(Washington, S) Modified on 12/1/2016 (Washington, S).ORDER signed by Magistrate Judge Deborah Barnes on 11/29/16 ORDERING service is appropriate for all defendants and DIRECTING the clerk to issue process. The Clerk of the Court shall send plaintiff 4 USM-285 forms, 1 summons, a copy of the third amended complaint and an instruction sheet. Within thirty (30) days after this order is served, plaintiff shall submit to the United States Marshal four properly completed USM-285 forms, four properly completed summons forms, and the number of copies of t
May 11, 2017
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ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 5/10/2017 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 hearing on defendant's 18 Motion to Dismiss is CONTINUED to 6/16/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 6/2/2017, plaintiff shall file a statement of opposition or non-opposition to defendant's motion to dismiss. (Zignago, K.)
June 19, 2017
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ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/16/17 ORDERING Plaintiff is granted leave to file a fourth amended complaint and the fourth amended complaint filed on 6/16/17 26 is deemed the operative pleading; Defendant Sacramento County Jail's 3/31/17 motion to dismiss 18 is DENIED without prejudice as moot; The Clerk is directed to issue service process re defendants Kathleen Fritzche, Harold Penny, and Corey Johnson; Within 30 days plaintiff shall submit to the USM, service documents and 10 days after submitting the required materials to the USM, plaintiff shall file a declaration stating the date on which plaintiff submitted the required documents; and RECOMMENDING that the fourth amended complaint's claims against the City of Sacramento, the County of Sacramento, and the Sacramento County Jail be DISMISSED without leave to amend; Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
September 13, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 9/12/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/19/17 28 are ADOPTED to the extent they conclude the fourth amended complaint states a claim against defendants Kathleen Fritzche, Harold Penny and Corey Johnson and fails to state a claim against City of Sacramento, the County of Sacramento and the Sacramento County Jail. Plaintiff may proceed to serve defendants Kathleen Fritzche, Harold Penny and Corey Johnson, following instructions numbered 1 to 8 in the magistrate Judge's Findings and Recommendations. See ECF No. 28 at 5, 18. Alternatively, Plaintiff may delay serving the individual defendants to attempt one last time to state a cognizable claim against the City, County and Jail. (Mena-Sanchez, L)
October 31, 2017
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prepayment of costs not later than 90 days from the date of this order. The Clerk of the Court shall send plaintiff, for each defendant: one USM-285, one summons, a copy of the fifth amended complaint, and an appropriate form for consent to trial by fact, and the reasons for it, to the undersigned.(Washington, S) (cc: USM)a magistrate judge. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the United States Marshal. In the event the U.S. Marshal is unable, for any reason whatsoever, to effect service on the United States of America within 90 days from the date of this order, the Marshal is directed to report thatORDER signed by Magistrate Judge Deborah Barnes on 10/30/2017 ORDERING Plaintiff may proceed now to serve defendants Kathleen Fritzche, Harold Penny, and Corey Johnson, as set forth below, and pursue the fifth amended complaint's claims against only those defendants. ALTERNATIVELY, plaintiff may forgo serving defendants and attempt to further amend the fifth amended complaint. If plaintiff elects to further amend the fifth amended complaint to address the issued noted above, plaintiff has twenty-eight days so to do. Plaintiff is not obligated to amend the fifth amended complaint. If plaintiff elects to proceed against defendants then within twenty-eight days, plaintiff must return the materials for service of process that are enclosed with this order, as described below. Service is appropriate for the following defendants: Kathleen Fritzche, Harold Penny, and Corey Johnson and DIRECTING the clerk to issue process. The United States Marshal is DIRECTED to serve all process without
June 11, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/8/2018 RECOMMENDING that the Clerk be directed to issue process and plaintiff be ordered, within 30 days after any order adopting these findings and recommendations, to submit service documents to USM. The sixth amended complaint's Monell claims against the City of Sacramento, the County of Sacramento, and the Sacramento County Jail be dismissed without leave to amend and those defendants be dismissed from this action. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
August 2, 2018
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ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Deborah Barnes on 8/2/2018 ORDERING Attorney Jesse M. Rivera for Sacramento County Jail, attorney Robert L. Chalfant terminated. (Reader, L)
September 28, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 9/27/18 ADOPTING in full the findings and recommendations filed 6/11/18 (ECF No. 36); DIRECTING the Clerk to issue process, Plaintiff shall complete and submit service documents to the USM within 30 days and file a Statement with the court re the submission of documents within 10 days thereafter. DIRECTING the USM to serve process on defendants Kathleen Fritzche, Harold Penny, and Corey Johnson, without prepayment of costs; DISMISSING without leave to amend the sixth amended complaint's Monell claims against the City of Sacramento, the County of Sacramento, and the Sacramento County Jail; and REFERRING this case back to the assigned magistrate judge for all further pretrial proceedings. (Becknal, R)