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17-862 - (PC) Carroll v. Spearman


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17-862 - (PC) Carroll v. Spearman
July 26, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 7/25/2017 granting 2 Motion to Proceed IFP and ORDERING the following claims in the complaint are dismissed as duplicative of claims made by plaintiff in case no. 16-cv-2443 JAM EFB P: (1) plaintiff was transferred to HDSP in retaliation for reporting sexual misconduct; (2) HDSP is not compliant with the ADA or with the EOP; (3) plaintiff was injured when he fell into a ditch in his wheelchair; and (4) plaintiff was refused medical treatment after his fall. Within 30 days of the date of this order, plaintiff shall do one of two things: (a.) If his claims regarding the false RVR and excessive force are the same as those alleged in case no. 16-cv-2443 JAM EFB P, then plaintiff must file a notice with the court stating that he wishes to dismiss this action. (b.) If the claims are new, then plaintiff may file an amended complaint. The amended complaint must comply with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must bear the docket number assigned this case and must be labeled First Amended Complaint. Plaintiff must file an original and two copies of the amended complaint. Plaintiff is required to pay the statutory filing fee of $350. By separate order, the court will direct the appropriate agency to collect the filing fee from plaintiffs trust account and forward it to the Clerk of the Court until the total filing fee is collected. Failure to comply with this order may result in dismissal of this action. (Henshaw, R)
July 27, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 7/26/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Tremayne Deon Carroll. The Director of the CDCR shall collect monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)
August 17, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 8/16/2017 DENYING 10 Motion to Appoint Counsel and GRANTING 10 Motion for Extension of Time. Plaintiff granted 60 days from the date of this order in which to file an amended complaint. (Henshaw, R)
November 1, 2017
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ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 10/31/2017 ORDERING that within 14 days of the date of this order, plaintiff shall either dismiss this action or file an amended complaint. (Hunt, G)
December 11, 2017
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[F&R VACATED PURSUANT TO 16 ORDER] ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/8/2017 DIRECTING the Clerk of the Court to randomly assign this action to a United States District Judge and RECOMMENDING that this case be dismissed without prejudice. Referred to District Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (York, M) Modified on 1/12/2018 (Yin, K).
January 12, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 1/11/2018 VACATING the 14 findings and recommendations filed on 12/11/2017; DENYING without prejudice plaintiff's 15 motion for a temporary stay; and GRANTING plaintiff's 15 motion for an extension of time. Within 30 days, plaintiff shall file his amended complaint. (Yin, K)
March 20, 2018
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 3/20/2018 GRANTING plaintiff's 17 motion for leave to amend the complaint and DENYING plaintiff's 18 motion for the appointment of counsel; and plaintiff shall file an amended complaint within 30 days. IT IS RECOMMEDED that plaintiff's 18 motion for preliminary injunction and temporary restraining order be denied. Referred to Judge John A. Mendez; Objections to F&R due within 21 days. (Yin, K)
June 6, 2018
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ORDER signed by District Judge John A. Mendez on 6/5/2018 ADOPTING 19 Findings and Recommendations in full and DENYING 18 Motion for Preliminary Injunction and Temporary Restraining Order. (Hunt, G)
June 11, 2018
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/8/2018 ORDERING plaintiff's 20 motion to amend the complaint is GRANTED; plaintiff shall file an amended complaint within 30 days; plaintiff's 20 motion for counsel is DENIED without prejudice; and plaintiff's 20 request for copies is DENIED. IT IS RECOMMENDED that plaintiff's 20 request to consolidate be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
July 18, 2018
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ORDER signed by District Judge John A. Mendez on 7/18/18 adopting 22 FINDINGS AND RECOMMENDATIONS: Plaintiff's request to consolidate 20 is denied. (Kaminski, H)
July 30, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 07/30/18 ORDERING that within 14 days, plaintiff shall either dismiss this action or file an amended complaint. (Benson, A.)