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15-1264 - (PC)Daniels v. Fox et al


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15-1264 - (PC)Daniels v. Fox et al
June 22, 2015
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ORDER signed by Magistrate Judge Allison Claire on 06/19/15 ordering plaintiff shall submit within 30 days from the filing date of this order, submit a completed affidavit, including certificate, in support of his request to proceed in forma pauperis, together with a certified copy of his prison trust account statement for the 6 month period immediately preceding the filing of the complaint. The clerk of court is directed to send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)
March 23, 2016
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Allison Claire on 3/23/16 ORDERING the Director of the CDC to collect and forward payment from the trust account of ZACHARIAH DANIELS and forward payment to the court until the balance is paid in full. The Clerk 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 is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, financial) (Becknal, R)
March 24, 2016
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ORDER signed by Magistrate Judge Allison Claire on 03/23/16 granting 5 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. Plaintiff's motion for appointment of counsel 7 is denied without prejudice. Plaintiff's motion for leave to file his proposed first amended complaint 6 is denied. Plaintiff's original complaint states potentially cognizable claims against defendants Ballenger, Smith, Tabbs and Mendoza. The complaint does not state cognizable claims against the other named defendants (Fox, Guido and Maszck). Plaintiff may proceed on his original complaint, as construed herein and subject to the dismissal without prejudice of defendants Fox, Guido and Maszck or pursuant to a proposed second amended complaint. Within 30 days after the filing date of this order plaintiff shall return the attached Notice of election form indicating whether he intends to proceed on: 1) his original complaint against defendants Ballenger, Smith, Tabbs and Mendoza, or 2) a proposed second amended complaint. If plaintiff elects to proceed on his original complaint, he shall submit in tandem with the notice of election, the following documents to effect service of process on defendants Ballenger, Smith, Tabbs and Mendoza: 1 completed summons, 4 completed USM 285 forms and 5 copies of the original complaint. If plaintiff elects to file a second amended complaint, he shall submit the proposed second amended complaint together with the Notice of Election. The clerk of the court shall send plaintiff, together with a copy of this order, the following: 1 blank summons, 4 USM-285 forms, 1 copy of the endorsed original complaint filed 6/12/15 1 and instructions for service of process on defendants Ballenger, Smith, Tabbs and Mendoza.(Plummer, M)
November 29, 2016
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/28/2016 ORDERING service is appropriate for Ballenger, Mendoza, Smith, Tabbs, Vaden, Goodson, Carpe, Johns, and Corona. The Clerk shall send plaintiff the forms for service to be completed and returned within 45 days, along with the Notice of Submission. Defendants Fox, Guido and Maszck are DISMISSED from this action without prejudice. IT IS RECOMMENDED that plaintiff's 23, 25, 26 motions for extraordinary relief be denied. Motions referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Yin, K)
November 29, 2016
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ORDER signed by Magistrate Judge Allison Claire on 11/28/2016 SETTING SETTLEMENT CONFERENCE for 5/4/2017 at 09:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. Each party shall submit a confidential settlement conference statement no later than 4/27/2017, in accordance with this order. (cc: GGH, ADR) (Yin, K)
November 29, 2016
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ORDER signed by Magistrate Judge Allison Claire on 11/28/2016 GRANTING, in part, plaintiff's 29 motion for reconsideration, construed as a second request for appointment of counsel. Counsel is appointed for the limited purpose of preparing for, and representing plaintiff at, the 5/4/2017 settlement conference. The Clerk shall contact Sujean Park, ADR, for the purpose of locating an attorney admitted to practice in this court who is willing to accept the appoinment. (cc: ADR) (Yin, K)
November 29, 2016
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ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Allison Claire on 11/28/2016 ORDERING the custodian to produce Zachariah Daniels P-49740, to testify in USDC at 9:00 a.m. on 5/4/2017 in courtroom #9, before Magistrate Judge Gregory G. Hollows; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ. (cc: GGH, OTCD-SAC) (Yin, K)
December 29, 2016
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ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Garland E. Burrell, Jr. on 12/28/16 ORDERING that plaintiff's 23 25 26 Motions for Extraordinary Relief are DENIED. (Benson, A)
February 15, 2017
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ORDER signed by Magistrate Judge Allison Claire on 2/14/2017 APPOINTING attorney Kristin Nichole Capritto for the limited purpose of assisting Zachariah Daniels in preparing for and participating in the 5/4/2017 settlement conference. Kristin N. Capritto's appointment shall terminate 15 days after completion of the settlement conference or continued settlement conference. (cc: ADR)(Yin, K)
March 15, 2017
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ORDER signed by Magistrate Judge Allison Claire on 3/14/2017 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Kristin N. Capritto is GRANTED. (Crouch, J)
April 12, 2017
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ORDER signed by Magistrate Judge Allison Claire on 04/11/17 denying 51 Motion to Compel. The Office of the California Attorney General is requested to ensure that defendant Carpe is served process within the next 14 days. (Plummer, M)