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15-2133 - (PC) Frank v. Macomber et al


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15-2133 - (PC) Frank v. Macomber et al
November 2, 2015
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Frank Warren, Jr. signed by Magistrate Judge Carolyn K. Delaney on 11/2/2015. 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)
November 23, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/23/15 ordering the clerk of the court shall send plaintiff a copy of his complaint. Within 30 days, plaintiff shall submit to the court the 3 copies of his complaint required to effect service. (Plummer, M)
July 14, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/16 ORDERING that plaintiff's motion for leave to file an amended complaint (ECF No. 22) is DENIED and plaintiff's amended complaint (ECF No. 23) is STRICKEN.(Dillon, M)
July 15, 2016
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/15/16 ORDERING that the Clerk of the Court assign a district court judge to this case. It is RECOMMENDED that Defendants' motion to dismiss (ECF No. 15) be granted; Plaintiff's complaint be dismissed for failure to exhaust available administrative remedies; and this case be closed. Randomly assigned and referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)
September 28, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/16 DENYING without prejudice to refiling in the Ninth Circuit Court of Appeals 42 Motion to Appoint Counsel. (Dillon, M)
August 28, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/28/2017 GRANTING defendants 30 days to file a motion for summary judgment concerning plaintiff's failure to exhaust available administrative remedies. Plaintiff's opposition must be filed within 30 days after the motion is filed. Defendants may file a reply brief within 14 days following the opposition. Discovery is STAYED. The court will set a schedule for discovery, and all other remaining matters, if necessary, after defendants' motion for summary judgment regarding exhaustion is resolved. (Yin, K)
October 24, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/24/17 DENYING 55 Motion to Appoint Counsel. (Plummer, M)
March 5, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/05/18 ORDERING that within 21 days, plaintiff shall file a response to defendants' motion to compel. (Plummer, M)
March 22, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/22/18 GRANTING 64 Motion to modify the discovery and scheduling order. The discovery cut-off and deadline to file motions to compel is extended up to, and including, June 1, 2018, for the limited purpose of resolving any disputes regarding discovery that has already been propounded. The dispositive motion cut-off is further extended to June 15, 2018. (Plummer, M)
April 10, 2018
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[VACATED PER 70 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/10/2018 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K) Modified on 5/9/2018 (Henshaw, R).
May 9, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/9/2018 VACATING 66 Findings and Recommendations; DENYING 57 Motion to Compel Responses to Request for Production of Documents; and GRANTING 57 Request to Deem Requests for Admissions Admitted. Defendants granted 14 days within which to file a motion to compel further responses to defendant Shinnette's request for production of documents. (Henshaw, R)
May 16, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/16/18 DENYING 73 Motion to Appoint Counsel. (Plummer, M)
June 8, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/08/18 PARTIALLY GRANTING 72 Motion for a telephonic settlement conference. This case is set for a settlement conference before the undersigned to occur on 8/29/18 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. The parties are required to file a signed "Waiver of Disqualification," or notice of non-waiver of disqualification, no later than 7/01/18. Plaintiff shall have the choice to attend the settlement conference in person or by video. Within ten days after the filing date of this order, plaintiff shall return the attached form notifying the court whether he would like to attend the settlement conference in person or by video. If plaintiff chooses to appear by video and video conferencing is not available, he may appear by telephone. If plaintiff does not return the form telling the court how he would like to attend the settlement conference, the court will issue orders for plaintiff to appear by video. Parties are directed to submit confidential settlement statements no later than August 22, 2018 to [email protected] Plaintiff shall mail his confidential settlement statement Attn: Magistrate Judge Carolyn K. Delaney, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814 so it arrives no later than August 22, 2018. The envelope shall be marked CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT. Parties are also directed to file a Notice of Submission of Confidential Settlement Statement (See L.R. 270(d)). The deadline for filing dispositive motions is VACATED.. (Plummer, M)