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14-2993 - (PS) Mitchell v. Brown, et al


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14-2993 - (PS) Mitchell v. Brown, et al
February 3, 2015
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ORDER signed by Magistrate Judge Allison Claire on 2/2/2015 ORDERING that Plaintiff's 2 application to proceed in forma pauperis is GRANTED. The claims against defendant CDCR are hereby DISMISSED with leave to amend. If plaintiff elects to proceed forthwith against the Governor alone, then within thirty days he must return materials for service of process. Service is appropriate for the following defendant: Jerry Brown, Governor of California. The Clerk of the Court 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 Federal Rule of Civil Procedure 4, without prepayment of costs. The Clerk of the Court shall send plaintiffs one USM-285 form for each defendant, one summons, a copy of the complaint, and an appropriate form for consent to trial by a magistrate judge. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this orderis 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. (Zignago, K.)
May 7, 2015
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ORDER signed by Magistrate Judge Allison Claire on 5/6/2015 DENYING plaintiff's 12 Motion to Amend 1 Complaint. Clerk shall STRIKE the proposed 13 Amended Complaint. (Marciel, M)
June 30, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/30/15 RECOMMENDING that the Governor's motion to dismiss (ECF No. 9), be GRANTED, but only to the extent that the Governor enjoys sovereign immunity from this suit; Plaintiff be granted 30 days from the date of this order to amend his complaint by deleting the Governor as a defendant, and substituting a proper defendant. Referred to Judge Morrison C. England, Jr; Objections due within 21 days after being served with these findings and recommendations. (Becknal, R)
August 14, 2015
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ORDER ADOPTING 19 FINDINGS AND RECOMMENDATIONS in full signed by Chief Judge Morrison C. England, Jr. on 08/12/15 and ORDERING that the Governor's 9 Motion to Dismiss is GRANTED but only to the extent that the Governor enjoys sovereign immunity from this suit. Plaintiff has 30 days to amend his Complaint by deleting the Governor as a defendant and substituting a proper defendant. (Benson, A)
October 27, 2015
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ORDER signed by Magistrate Judge Allison Claire on 10/26/15: Within thirty days, plaintiff must return materials for service of process. Service is appropriate for Kamala D. Harris and James C. Sanchez.The Clerk of the Court shall send plaintiff one USM-285 form for each defendant, one summons, a copy of the complaint, and an appropriate form for consent to trial by a magistrate judge. (cc: USM) (Kaminski, H)
January 29, 2016
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[DISCHARGED SEE ORDER [35]ORDER signed by Magistrate Judge Allison Claire on 1/29/16 ORDERING that Plaintiff is Ordered To Show Cause, in writing, no later than February 10, 2016 at 3:30 p.m., why this action should not be dismissed for failure to prosecute; The February 10, 2016 hearing on defendants' Motion To Dismiss is VACATED. (Becknal, R) Modified on 2/10/2016 (Reader, L).
February 10, 2016
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ORDER signed by Magistrate Judge Allison Claire on 2/9/2016 ORDERING 33 the Order to Show Cause is DISCHARGED; Defendants' reply, if any, shall be filed no later than 2/17/2016 at 4:30 PM; Defendants' 31 Motion to Dismiss shall be heard on 2/24/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Reader, L)
February 26, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/25/2016 ORDERING that defendants' request for judicial notice is DENIED as moot. IT IS HEREBY RECOMMENDED that Defendants' 31 Motion To Dismiss be GRANTED, and the Complaint be DISMISSED in its entirety, without leave to amend. The Clerk be instructed to close this case. Motion referred to Judge Morrison C. England, Jr.. Objections to F&R due within 21 days. (Zignago, K.)
November 14, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/14/16 recommending that 45 MOTION for RECONSIDERATION be DENIED. F&R referred to District Judge Morrison C. England, Jr.. Objections to F&R due within twenty-one days. (Kaminski, H)
January 6, 2017
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ORDER ADOPTING 47 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 01/05/17 ORDERING that plaintiff's 45 Motion for Reconsideration is DENIED. (Benson, A)