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16-1154 - (PS) Brown v. Kelly et al


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16-1154 - (PS) Brown v. Kelly et al
June 10, 2016
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ORDER signed by Magistrate Judge Allison Claire on 06/09/16 ORDERING that the 2 Motion to Proceed IFP is GRANTED; service is appropriate for defendants CHP Officer J.D. Ornelas #14807 and CHP Sergeant Danny Lecce; Clerk to send plaintiff 1 USM-285, 1 summons, an endorsed copy of the complaint, and an appropriate form for consent to trial by a magistrate judge for each defendant named above. If plaintiff elects to proceed against Ornelas and Lecce alone, then he must, within 30 days, submit service documents to the USM and then within 10 days thereafter, file a statement to the court regarding the submission to USM. If plaintiff elects to amend his complaint to state a cognizable claim against the remaining defendants, he has 30 days so to do. Plaintiff is not obligated to amend his complaint. (Benson, A)
September 30, 2016
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/30/16: Plaintiff's motions for default judgment, preliminary injunction and judgment on the pleadings (ECF Nos. 12, 14, 16, 20), are DENIED without prejudice to their renewal in proper form. IT IS HEREBY RECOMMENDED that defendants Brian P. Kelly, Joseph Farrow, S.T. Dickson and Edmund G. Brown Jr., should be dismissed without prejudice and defendant Lecce's Motion To Dismiss (ECF No. 8), should be granted, and the action against him should be dismissed with prejudice. F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within twenty one days. (Kaminski, H)
October 14, 2016
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 10/13/16 ORDERING that THIS ACTION BE, AND HEREBY IS, DISMISSED WITH PREJUDICE as to all claims, causes of action, and parties, with each party bearing that party's own attorney's fees and costs. The Clerk is directed to close the file. CASE CLOSED.(Mena-Sanchez, L)