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16-1828 - (PC) Spence v. Beard, et al.


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16-1828 - (PC) Spence v. Beard, et al.
July 27, 2016
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ORDER OF TRANSFER Signed by Magistrate Judge Sallie Kim on 7/27/2016 ORDERING the case TRANSFERRED to the United States District Court for the Eastern District of California. The 5 Motion to Intervene is TERMINATED for lack of mert. (Attachments: # (1) Certificate/Proof of Service)(mklS, COURT STAFF) (Filed on 7/27/2016) [Transferred from cand on 8/3/2016.] Modified on 3/3/2017 (Donati, J).
August 9, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 8/9/2016 DISMISSING without prejudice plaintiff's 3 application to proceed ifp. The Clerk shall send plaintiff a new ifp application; and plaintiff shall submit, within 30 days, a completed ifp application. (Yin, K)
March 6, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 03/06/17 granting 10 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. Plaintiff's complaint is dismissed. Within 30 days from the date of this order, plaintiff shall complete that attached Notice of Amendment and submit it with an original and 1 copy of the complaint. The clerk of the court shall send plaintiff the form for filing a civil rights complaint by a prisoner. (Plummer, M)
March 6, 2017
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e 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)ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Gerald Spence signed by Magistrate Judge Kendall J. Newman on 3/6/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to th
June 20, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 06/20/17 ordering plaintiff's amended complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file a second amended complaint. (Plummer, M)
July 17, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2017 GRANTING 21 Motion for Extension of Time. Plaintiff to file second amended complaint on or before 8/20/2017. (Henshaw, R)
January 19, 2018
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/19/18 ORDERING service is appropriate for defendant Kaur. The clerk of the court shall send plaintiff 1 USM-285 form, 1 summons, instruction sheet and a copy of the second amended complaint 23 to be completed and returned with the notice of submission of documents within 30 days. The clerk of the court shall assign a district judge to this case. U.S. District Judge Morrison C. England Jr. randomly assigned to this case. Also, RECOMMENDING that plaintiff's claims against defendants Ditto and Williams be dismissed without leave to amend. Referred to Judge Morrison C. England Jr. Objections to due within 14 days. (Plummer, M)
February 14, 2018
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ORDER signed by District Judge Morrison C. England, Jr. on 2/13/2018 ADOPTING 25 findings and recommendations in full. Plaintiff's claims against defendants Ditto and Williams are DISMISSED without leave to amend. (Zignago, K.)
March 28, 2018
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ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 3/27/2018. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Christopher Becker. (cc: Christopher Becker)(Yin, K)
July 11, 2018
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ORDER and WRIT of HABEAS CORPUS AD TESTIFANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 7/11/2018 ORDERING the Custodian to produce Gerald Spence at 1:30 p.m. on 8/21/2018 in Courtroom #25. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian and Out-to-Court Desk. (cc: OTCD) (Henshaw, R)
July 11, 2018
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2018 DENYING Plaintiff's motion to lift the stay to attempt to amend his pleading and DIRECTING Clerk of Court to strike 37 Plaintiff's Motion to Amend and 38 Third Amended Complaint. (Henshaw, R)