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16-1818 - (PC) Birrell, et al., v. Fox, et al.,


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16-1818 - (PC) Birrell, et al., v. Fox, et al.,
January 18, 2017
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[F&R VACATED PURSUANT TO 11 ORDER] ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/18/17 granting 2 Motion to Proceed IFP. Service is appropriate for defendant Fox. The clerk of the court shall send counsel for plaintiff a USM-285 form, a summons, instruction sheet and a copy of the complaint to be completed and returned with the notice of submission of documents within 30 days. Also, RECOMMENDING that all defendants other than defendant Fox in his official capacity as Warden of the California Medical Facility be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days. (Copy of this order, summons, instruction sheet, 1 USM, 285 form and a copy of the complaint served on the Attorney for plaintiff by mail). (Plummer, M) Modified on 3/23/2017 (Yin, K).
March 23, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/23/2017 ORDERING the court's 1/18/2017 6 findings and recommendations are VACATED. Plaintiff's request to file an amended complaint is GRANTED. Plaintiff's original complaint is DISMISSED and plaintiff has 30 days to file an amended complaint. Counsel for plaintiff is GRANTED 14 days within which to pay the $400.00 filing fee for this action. If plaintiff pays the filing fee, additional plaintiff's may be joined to the amended complaint as long as doing so complies with Fed.R.Civ.P. 20(a)(1). (Yin, K)
August 30, 2017
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/30/17 ORDERING that defendant Fox shall reply to plaintiffs' amended complaint within the time provided in FRCP 21(a). Also, RECOMMENDING that all defendants other than defendant Fox in his official capacity as Warden of the California Medical Facility be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
September 29, 2017
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ORDER signed by District Judge John A. Mendez on 9/28/17 ORDERING that the findings and recommendations filed 8/30/17 are ADOPTED in full; and All defendants other than defendant Fox in his official capacity as Warden theCalifornia Medical Facility are DISMISSED.(Becknal, R)