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15-1313 - (PC) Johnson v. Beard


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15-1313 - (PC) Johnson v. Beard
April 22, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/2016 GRANTING plaintiff's 2 request to proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order. Plaintiff's complaint is DISMISSED. Within 30 days, plaintiff shall complete and return the attached Notice of Amendement with the required documents. (Yin, K)
April 22, 2016
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Paul David Johnson signed by Magistrate Judge Kendall J. Newman on 4/21/2016. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
March 20, 2018
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/20/2018 ORDERING plaintiff's 17 motion to supplement evidence is GRANTED; plaintiff's amended complaint is DISMISSED with leave to amend the following claims: (a) Eighth Amendment medical claims based on medical care provided by Dr. Naku, Dr. Mahmoud, Dr. Chen, or Dr. Collinsworth, at CSP-SOL after December 13, 2010; (b) Eighth Amendment medical claims based on medical care provided by defendants Dr. Win, Dr. Zheng, or Dr. Kim at DVI; and (c) Negligence or medical malpractice state law claims based on medical care,provided he can demonstrate timely compliance with the CTCA's presentation requirement. Plaintiff is GRANTED 30 days to file a second amended complaint. IT IS RECOMMENDED that plaintiff's claims concerning allegedly contaminated water, including any state law claims related thereto, against defendants Beard, Runnels, Stanley, Swarthout, Price and Millard be dismissed without prejudice for improper joinder; plaintiff's Eighth Amendment medical claims against defendants Brown, Rohlfing, Filice, Kreitler, Kraft, and Acquva, arising while plaintiff was housed in HDSP from 2000 to 2005, be dismissed as barred by the statute of limitations; plaintiff's Eighth Amendment medical claims against defendants Dr. Naku, Dr. Mahmoud, Dr. Chen, and Dr. Collinsworth, arising from medical care provided at CSP-SOL priorto December 13, 2010, be dismissed as barred by the statute of limitations; and plaintiff's claims against defendant Dr. Traquina be dismissed without leave to amend. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
April 12, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/18 DENYING 20 Motion to Appoint Counsel and GRANTING 20 Motion for Extension of time. Plaintiff is granted sixty days from the date of this order in which to file his objections. (Plummer, M)
June 6, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/2018 DENYING without prejudice plaintiff's 22 motion for the appointment of counsel and GRANTING plaintiff's 22 motion for an extension of time. Plaintiff has 60 days to file objections to the findings and recommendations. (Yin, K)