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16-3008 - (PC) Barker v. Osemwingie et al


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16-3008 - (PC) Barker v. Osemwingie et al
December 29, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/29/16 ORDERING that plaintiff shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the amount of $400.00; and the Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner. (Dillon, M)
January 27, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/27/17 ordering plaintiff's complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. (Plummer, M)
February 8, 2017
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SUBSTITUTION OF ATTORNEY ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/2017. Attorney Scottlynn J. Hubbard is substituted for pro se plaintiff William Barker.(Yin, K)
June 7, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/7/2017 ORDERING plaintiff shall have 14 days from the filing of this order to respond to defendants' 32 motion to dismiss. Defendants' reply, if any, shall be filed within 7 days thereafter. (Yin, K)
July 11, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/11/2017 ORDERING parties to each file a completed consent or request for reassignment form within 7 days of the date of this order. (Henshaw, R)
August 11, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/11/2017 RECOMMENDING plaintiff's 9 motion for TRO be denied; defendants' 32 motion to dismiss be granted; Counts One through Five and the portion of Count Six alleging defendant Ramiscal abandoned plaintiff be dismissed without leave to amend and the portion of Count Six related to the claim that defendants Osemwingie and Ramiscal misused the hoyer lift be dismissed with leave to amend; and plaintiff have 30 days from the District Judge's order ruling on these findings and recommendations to file an amended complaint. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
December 20, 2017
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ORDER signed by District Judge John A. Mendez on 12/19/17 ORDERING that the findings and recommendations filed August 11, 2017 (ECF No. 42), are ADOPTED in full; Plaintiff's motion for a temporary restraining order (ECF No. 9) is DENIED; Defendants' motion to dismiss (ECF No. 32) is GRANTED; Counts One through Five and the portion of Count Six alleging defendant Ramiscal abandoned plaintiff are DISMISSED without leave to amend. The portion of Count Six related to the claim that defendants Osemwingie and Ramiscal misused the hoyer lift is DISMISSED with LEAVE TO AMEND; Plaintiff has thirty days from the filing of this order to file an amended complaint. (Becknal, R)
February 20, 2018
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/20/2018 ORDERING within 30 days, the parties shall confer and submit a joint status report and proposed schedule in accordance with this order. (See Order for Details)(Yin, K)