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15-2083 - (PC) Diaz v. Hurley et al


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15-2083 - (PC) Diaz v. Hurley et al
October 19, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/15 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; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner.(Dillon, M)
October 21, 2016
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[VACATED PURSUANT TO 15 ORDER] ORDER signed by Magistrate Judge Kendall J. Newman on 10/21/2016 ORDERING plaintiff to submit, within 21 days, the appropriate filing fee. Plaintiff's failure to comply will result in a recommendation that this action be dismissed. (Yin, K) Modified on 3/21/2017 (Yin, K).
December 9, 2016
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[VACATED PURSUANT TO 15 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/9/2016 RECOMMENDING this action be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Yin, K) Modified on 3/21/2017 (Yin, K).
January 5, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/17 ORDERING that plaintiff's motion for an extension of time (ECF No. 11) is GRANTED; and Plaintiff is granted 30 days from the date of this order in which to file objections to the findings and recommendations.(Dillon, M)
March 21, 2017
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Miguel Enrique Diaz signed by Magistrate Judge Kendall J. Newman on 3/21/2017. 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)
August 10, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/10/17 ordering that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion to revoke. (Plummer, M)
September 1, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/1/2017 GRANTING 26 Motion for Extension of Time. Plaintiff is granted 30 days from the date of this order in which to file an opposition to 22 Motion to Revoke IFP Status. (Henshaw, R)
September 27, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/26/2017 DENYING without prejudice plaintiff's 28 motion.(Yin, K)
October 30, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/30/2017 RECOMMENDING 22 Motion to Revoke Plaintiff's IFP and Dismiss the Complaint be granted, 6 Plaintiff's IFP status be revoked, Plaintiff be ordered to pay the $400 filing fee within 21 days from the date this F&R is adopted, Plaintiff's complaint be dismissed, and 30 days from the date Plaintiff pays the filing fee, plaintiff to file an amended complaint. Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
November 21, 2017
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ling fee will result in the dismissal of this action; Plaintiff's complaint is dismissed; and Thirty days from the date plaintiff pays the filing fee in full, plaintiff shall file an amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must also bear the docket number assigned to this case and must be labeled "Amended Complaint." Failure to file an amended complaint in accordance with this order will result in the dismissal of this action. (Becknal, R) Modified on 12/12/2017 (Plummer, M).[VACATED PURSUANT TO 12/11/17 ORDER]ORDER signed by District Judge Garland E. Burrell, Jr on 11/21/17 ADOPTING IN FULL 35 Findings and Recommendations; ORDERING that the defendants' motion to revoke plaintiff's in forma pauperis status, and to dismiss the complaint 22, is GRANTED; Plaintiff's in forma pauperis status 6 is REVOKED; Plaintiff is ordered to pay the $400.00 filing fee within twenty-one days from the date of this order. Failure to timely pay the fi
December 11, 2017
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ORDER signed by District Judge Garland E. Burrell, Jr on 12/8/17 ORDERING that: the 11/21/17 order (ECF No. 36) is VACATED; Plaintiff's motion for an extension of time (ECF No. 37) is GRANTED; and Plaintiff is granted thirty days from the date of this order in which to file objections to the findings and recommendations. (Becknal, R)
December 14, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/14/17 DENYING 38 plaintiff's motion. (Plummer, M)
January 24, 2018
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ORDER signed by District Judge Garland E. Burrell, Jr. on 1/23/18 ADOPTING 35 FINDINGS AND RECOMMENDATIONS: Motion to revoke in forma pauperis status, and to dismiss the complaint 22, is granted. In forma pauperis status 6 is revoked. Plaintiff is ordered to pay the $400.00 filing fee within twenty-one days from the date the district court adopts the instant findings and recommendations. Plaintiff's complaint is dismissed. Thirty days from the date plaintiff pays the filing fee in full, plaintiff shall file an amended complaint. (Kaminski, H)
March 1, 2018
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 03/01/18 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)