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16-1038 - (PC) Smith v. California Correctional Health Care Services et al


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16-1038 - (PC) Smith v. California Correctional Health Care Services et al
February 10, 2017
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ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Craig M. Kellison on 2/10/17 ORDERING that 2 Motion to Proceed IFP is GRANTED; ORDERING the Director of the CDC to collect and forward payment from the trust account of TomSmith and forward payment to the court until the balance is paid in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit to the Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial)(Dillon, M)
February 10, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 2/10/17 RECOMMENDING that plaintiff's complaint be dismissed, without leave to amend, for failure to state a claim, and the motions for summary judgment (Docs. 6, 7) and for filing of evidence (Doc. 9) be disregarded and denied as moot. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Dillon, M)
March 31, 2017
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ORDER signed by District Judge Troy L. Nunley on 3/31/2017 ADOPTING 11 Findings and Recommendations in so far as they dismiss the case. Plaintiff's complaint is DISMISSED, with leave to amend, for failure to state a claim. Plaintiff's motions are DISREGARDED and DENIED as moot. Plaintiff shall file an amended complaint within 30 days of this order. (Donati, J)