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14-2962 - (PC) Hardney v. Turner et al


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14-2962 - (PC) Hardney v. Turner et al
January 7, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/7/2015 ORDERING plaintiff to submit, within 30 days, a completed affidavit to proceed ifp; the Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a certified copy of his prison trust account statement. (Yin, K)
March 16, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 3/13/2015 RECOMMENDING that plaintiff's 7 motion to proceed ifp be denied; and this civil rights action be dismissed without prejudice to plaintiff's proper pursuit of habeas corpus relief. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
April 29, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 4/28/2015 REJECTING 3/16/2015 9 Findings and Recommendations. This action shall proceed on plaintiff's 8 First Amended Complaint. Court has observed plaintiff currently has substantially similar claim pending in 2:13-CV-2371 and requires him to file a "Notice of Related Case(s)" with this Court. (Marciel, M)
March 9, 2016
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 3/9/16 ORDERING the Director of the CDC to collect and forward payment from the trust account of John Hardney 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)
November 9, 2016
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ORDER signed by Magistrate Judge Deborah Barnes on 11/8/16 ORDERING that within 20 days of the date of this order, defendants shall file a supplemental brief on the effect of Washington v. Los Angeles County Sheriffs Department, 833 F.3d 1048, 1056-57 (9th Cir. 2016) on defendants contention that the dismissal of Hardney v. Villegas, 1:01-cv-5856 REC HGB P (E.D. Cal.) constitutes a strike under 28 U.S.C. § 1915(g). Defendants brief shall include: (a) a statement whether any claims raised in Hardney v. Villegas sounded in habeas and sought injunctive relief; and (b) a discussion of whether the dismissal of Hardney v. Villegas was, in its entirety, based on a qualifying reason or reasons under § 1915(g). Within 20 days after service of defendants supplemental brief, plaintiff may file a response.(Dillon, M)
January 23, 2017
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sion of time to file a response is GRANTED. IT IS FURTHER RECOMMENDED that defendants' 30 motion to revoke plaintiff's IFP status be granted; plaintiff's IFP status be revoked; and plaintiff be required to furnish the remainder o[F&R WITHDRAWN PURSUANT TO 44 ORDER] ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/20/2017 ORDERING defendants' 31 request for judicial notice is GRANTED; and defendants' 32 motion for an extenwed of the statutory filing fee of $350.00 to proceed with this action and be admonished that failure to pay the filing fee within 30 days of any order adopting this recommendation will result in dismissal of this action. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Yin, K) Modified on 2/24/2017 (Yin, K).
February 24, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/23/2017 WITHDRAWING the 41 findings and recommendations issued 1/23/2017. IT IS RECOMMENDED that defendants' 30 motion to revoke plaintiff's IFP status be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
March 23, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 3/22/2017 ORDERING that the 44 findings and recommendations are ADOPTED in full. Defendants' 30 Motion to revoke Plaintiff's in forma pauperis status is DENIED. (Zignago, K.)
April 12, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 4/11/2017 ORDERING defendants to notify this court, within 7 days, whether they have any objection to the dismissal of this action.(Yin, K)