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15-1598 - (PC)Smith v. Albee et al


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15-1598 - (PC)Smith v. Albee et al
July 29, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/15 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the amount of $400.00; plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
September 17, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/15 ordering plaintiff is granted 30 days from the date of this order, to pay the filing fee or submit a completed in forma pauperis affidavit on the form used by this district along 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 the court is directed to send to plaintiff an application to proceed in forma pauperis by a prisoner.(Plummer, M)
November 13, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/2015 GRANTING plaintiff's 7 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 Notice of Amendment with the required documents.(Yin, K)
November 13, 2015
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael Lenoir Smith signed by Magistrate Judge Kendall J. Newman on 11/12/2015. 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)
February 3, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/2016 GRANTING plaintiff 60 days to file an amended complaint. Plaintiff is cautioned that failure to file an amended complaint will result in a recommendation that this action be dismissed without prejudice.(Yin, K)
March 23, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2016 DENYING without prejudice plaintiff's 17 motion ; and plaintiff has up to and including 5/2/2016 in which to file his amended complaint.(Yin, K)
May 10, 2016
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/10/16 ORDERING that the Clerk of the Court is directed to assign a district judge to this case; and it is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
October 18, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/16 ordering the 5/10/16 findings and recommendations 22 are vacated. Plaintiff's amended complaint is dismissed. Within 30 days from the date of this order, plaintiff shall complete the attached notice of amendment and submit it with an original and 1 copy of the second amended complaint. The clerk of the court is directed to send plaintiff the form for filing a civil rights action by a prisoner. (Plummer, M)
August 28, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/25/2017 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms and RECOMMENDING that Plaintiff's claims based on the incidents in 2002, including his retaliation claims against defendants Albee and Jones based on their actions in 2002, be dismissed with prejudice and plaintiff's remaining claims, including his claim against defendant Jones based on Jones' alleged false claim in 2015, be dismissed without prejudice. Service is appropriate for Sgt. Alexander and Sacramento County Sheriff's Department. Clerk to send plaintiff: 1 Summons, 2 USM-285 Forms with instruction sheet, and 1 copy of the Second Amended Complaint filed on 11/17/2016. Plaintiff to complete and submit Notice of Submission of Documents and service documents within 30 days from the date of this order. Referred to Judge John A. Mendez. Objections due 14 days after being served with these findings and recommendations. (Henshaw, R)
March 19, 2018
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ORDER signed by District Judge John A. Mendez on 3/19/2018 FINDINGS AND RECOMMENDATIONS 26 Plaintiff's claims based on the incidents in 2002, including his retaliation claims against defendants Albee and Jones based on their actions in 2002, are DISMISSED with prejudice; and Plaintiff's remaining claims, including his claim against defendant Jones based on Jones' alleged false claim in 2015, are DISMISSED without prejudice. (Reader, L)