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16-2139 - (PC) Giraldes v. California Department of Corrections and Rehabilitation et al.


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16-2139 - (PC) Giraldes v. California Department of Corrections and Rehabilitation et al.
September 28, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 9/27/2017 GRANTING 3 Motion to Proceed IFP and DISMISSING 5 First Amended Complaint with leave to file a Second Amended Complaint within 30 days from the date of service of this order. Plaintiff to pay the statutory filing fee of $350. The fee to be collected and paid in accordance with this court's order to the CDCR filed concurrently herewith. (Henshaw, R)
September 28, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 9/27/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Larry Giraldes, Jr. The Director of the CDCR shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)
February 12, 2018
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/09/18 ORDERING the Clerk of the Court is directed to randomly assign a District Judge. Plaintiff has stated a cognizable claim for retaliation in violation of the First Amendment. Service is appropriate for defendants Moreland, Sturgess, Maciel, Hernandez and Robinson. The clerk of the court shall send plaintiff 5 USM-285 forms, 1 summons, instruction sheet and a copy of the amended complaint 5 to be complsigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)eted and returned with the Notice of Submission of Documents within 30 days. Also, RECOMMENDING that plaintiff's Eighth Amendment claim and defendants Kernan and CDCR be dismissed for the reasons stated in the court's 9/27/17 order 6. As
March 27, 2018
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ORDER signed by District Judge Kimberly J. Mueller on 3/27/2018 ADOPTING 12 Findings and Recommendations in full, DISMISSING Plaintiff's Eighth Amendment claim, and DISMISSING Defendants Scott Kernan and California Department of Corrections and Rehabilitation from this action. (York, M)