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16-996 - (PC) Daniels v. Aguillera et al


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16-996 - (PC) Daniels v. Aguillera et al
May 17, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/17/2016 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp or the required fees in the amount of $400.00; and the Clerk shall send plaintiff a new ifp application.(Yin, K)
September 20, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/20/16 granting 6 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's CDC order filed concurrently herewith. Plaintiff's complaint is dismissed. Plaintiff is granted 30 day from the date of service of this order to file an amended complaint. (Plummer, M)
September 20, 2016
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Zachariah Daniels signed by Magistrate Judge Carolyn K. Delaney on 09/20/16. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
November 29, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/29/2016 DENYING plaintiff's 13 request for the appointment of counsel. (Yin, K)
February 22, 2017
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ORDER ; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/22/17 ORDERING that plaintiff's motion for third party service (ECF No. 16) is DENIED as moot. 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)
January 24, 2018
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/24/18 ORDERING service is appropriate for the following defendants: Dr. Nicolas Aguilera, J. Bick, T. Morris or T. Morrison, Sergeant Leseane, M. Taylor, and D. Haley based on the claims outlined above. The clerk of the court shall send plaintiff 6 USM-285 forms, 1 summons, instruction sheet and a copy of the first amended complaint to be completed and returned with the Notice of Submission of Documents within 30 days. Also, RECOMMENDING that the First Amendement claims against defendants M. Ditomas, S. Prevette, Joan Gerbasi, J. Lewis, as well as the Eighth Amendment claims against defendants Conchas, T. Morris or T. Morrison, Sergeant Thomas, and Sergeant Anderson be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 2/16/2018 (Plummer, M).
April 12, 2018
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ORDER signed by District Judge John A. Mendez on 4/11/2018 FINDINGS AND RECOMMENDATIONS 27 are ADOPTED in FULL; the First Amendment claims against defendants M. Ditomas, S. Prevette, Joan Gerbasi, J. Lewis as well as the Eight Amendment claims against defendants Conchas, T. Morris or T. Morrison, Sargent Thomas, and Sergant Anderson are DISMISSED for failing to state a claim upon which relief can be granted. (Reader, L)