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15-576 - (PS) Harrell v. Belyea


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15-576 - (PS) Harrell v. Belyea
March 24, 2015
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ORDER signed by Magistrate Judge Allison Claire on 3/24/15 ORDERING that 2 Motion to Proceed IFP is DISMISSED without prejudice. Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner; Plaintiff shall, within 30 days from the filing date of this order, submit a completed and signed application to proceed in forma pauperis, together with a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his complaint.(Dillon, M)
May 29, 2015
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ORDER signed by Magistrate Judge Allison Claire on 5/28/2015 GRANTING plaintiff's 13 motion for an extension of time; and plaintiff has 30 days to file an amended complaint. (Yin, K)
April 13, 2016
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ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/12/16 ORDERING that the Clerk shall randomly assign a district judge to this action. This Case has been ASSIGNED to U.S. District Judge John A. Mendez and U.S. Magistrate Judge Allison Claire. IT IS HEREBY RECOMMENDED that All claims against defendants Figaro, Garrison and Judge Bowers, should be DISMISSED without leave to amend pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (fails to state a claim), (iii) (claim asserted against immune defendant);re 15 Amended Prisoner Civil Rights Complaint. The malicious prosecution claim against Belyea should be DISMISSED IN PART without leave to amend, but only to the degree it is based upon alleged perjury at the "probable cause" hearing; These Findings and Recommendations are submitted to U.S. District Judge John A. Mendez; Objections to these F&R due within twenty-one (21) days. (Mena-Sanchez, L)
June 23, 2016
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ORDER signed by District Judge John A. Mendez on 6/22/16 ordering The findings and recommendations filed April 13, 2016 (ECF No. 20), are adopted infull. All claims against defendants Figaro, Garrison and Judge Bowers, are DISMISSED without leave to amend, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (fails to state a claim), (iii) (claim asserted against immune defendant). The malicious prosecution claim against Belyea is DISMISSED IN PART, without leave to amend, but only to the degree it is based upon alleged perjury at the probable cause hearing. Plaintiff is permitted to proceed against Belyea on (a) the malicious prosecution claim, to the degree it is based upon the submission of an allegedly false police report, and (b) the false arrest claim.(Plummer, M) Modified on 6/23/2016 (Plummer, M).
January 30, 2017
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ORDER signed by Magistrate Judge Allison Claire on 1/27/17 ORDERING that the Clerk is directed to issue forthwith, and the U.S. Marshal (USM) is directed to serve within 90 days of the date of this order, all process pursuant to Federal Rule of Civil Procedure 4, without prepayment of costs. The Clerk shall send plaintiff all the documents required for service by the USM. Within 30 days after service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the required documents to the court. (Kastilahn, A)
January 10, 2018
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ORDER signed by Magistrate Judge Alli son Claire on 1/9/18, ORDERING the Clerk to serve upon plaintiff a copy of the scheduling order 45, as well as a copy of the docket. (Kastilahn, A)
February 12, 2018
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ORDER signed by Magistrate Judge Allison Claire on 2/9/2018 DENYING 54 Motion for Reconsideration. (Hunt, G) Modified on 2/12/2018 (Hunt, G).
May 1, 2018
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ved with these findings and recommendations, plaintiff may file written objections with the court. (Kastilahn, A)FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 5/1/18, RECOMMENDING that plaintiff's motion for leave to amend 56 should be DENIED. Matter referred to District Judge John A. Mendez. Within 21 days after being ser