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98-2111 - (PC) Lopez v. Peterson, et al


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98-2111 - (PC) Lopez v. Peterson, et al
June 24, 2005
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ORDER granting in part and denying in part 210 Motion to Dismiss signed by Judge James K Singleton on 6/24/05: All dfts other than dfts Minnick, Hooper, Jennings, and Castro are DISMISSED with prejudice. Dfts Hopper, Jennings, and Castro are DISMISSED without prejudice. Plt's claim pf deliberate indifference related to his alleged forty-five day deprivation of his medically prescribed shoes is DISMISSED with prejudice. Plt's claim of deliberate indifference related to his deviated septum is DISMISSED without prejudice. Plt's motion to supplement his opposition 221 is DENIED. Plt's motion for writ of habeas corpus ad testificandum 222 is DENIED. The parties are directed to certify, through individually filed briefs, that this case is ready to proceed to trial. Should either party wish to file additional dispositive motions, they should notify the Court in writing and ask for leave to file briefing supporting the motion. any such requests are due on or before 7/8/05. In the event the parties do not anticipate additional dispositive motions, they should notify the Court that they are ready to proceed to trial, as well as outline dates during the next six months that would be amenable to trial, in briefing to be filed by the respective parties on 7/8/05. (Duong, D)
July 1, 2005
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ORDER 229 signed by Judge James K Singleton on 7/1/05 ORDERING that Defendant Minnick shall have until 9/26/05 to file a motion for summary judgment. (Krueger, M)
August 15, 2005
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ORDER signed by Judge James K Singleton on 8/15/05 ORDERING Pltf's Request for additional time filed with his motion for summary judgment 234 GRANTED. However, the Court will refrain from ruling on the merits of Lopez's motion until after the State's motion for summary judgment becomes ripe. The Court will then consider the two competing motions at the same time. Secondly, Pltf has filed a motion for reconsideration as well as proposed orders suggesting a variety of reliefs 232, 235, and 237 all of which are DENIED. (Krueger, M)
August 29, 2005
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ORDER signed by Judge James K Singleton on 8/29/05 ORDERING Plaintiff's request for extension of deadlines, and request for counsel 243 DENIED. (Krueger, M)
September 27, 2005
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ORDER signed by Judge James K Singleton on 9/27/05 GRANTING 248 Proposed Order for second request for an extension of time to file a motion for summary judgment. Defendant Minnick shall have until October 26, 2005 to file a motion for summary judgment. (Caspar, M)
June 22, 2006
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ORDER signed by Judge James K Singleton on 6/22/06 DENYING 251 & 234 Motions for Summary Judgment. (Donati, J)
August 3, 2006
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ORDER signed by Judge James K Singleton on 8/3/06 ORDERING that pltf's 257 request for Order establishing facts is DENIED. (Yin, K)
January 26, 2007
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ORDER signed by Judge Edmund F. Brennan on 1/26/07: Settlement Conference set for 2/22/2007 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. Scheduling order is MODIFIED as follows 273:Pretrial Documents: March 7, 2007;First Supplement Trial Briefs March 21, 2007;Proposed Pretrial Order April 4, 2007 ;Second Supplemental Trial Briefs April 18, 2007. (Kaminski, H)
January 26, 2007
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ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM signed by Judge Edmund F. Brennan on 1/26/07: Warden to produce the inmate to testify in United States District Court. The Clerk is directed to serve a courtesy copy of this order and writ of habeas corpus ad testificandum on the Out-To-Court Desk (cc: Out-To-Court Desk and Warden)(Kaminski, H)
February 15, 2007
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ORDER re 278 request/motion for court order signed by Judge James K Singleton on 2/15/07 ORDERING that the Warden of CSP-Corcoran, CA, is to permit Andrew Lopez timely access to copy the documents identified as Exh P-6, P-10 and P-11; ALTERNATIVELY, cousel for the dft may provide copies for the use of the court; it is FURTHER ORDERED that cousel for the dft is DIRECTED to serve a copy of this order to the Warden, CSP-Corcoran, CA. (Yin, K)
February 23, 2007
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ORDER signed by Judge Edmund F. Brennan on 2/23/07: Dispositional documents are to be filed not later than thirty (30) days from the date of this order. All hearing dates set in this matter, including the Final Pretrial Conference/Trial currently set for May 1, 2007, are VACATED. (Kaminski, H)
March 30, 2007
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ORDER signed by Judge Edmund F. Brennan on 3/30/2007 GRANTING 289 Request; The deadline in which to file dispositional documents is extended to 4/24/2007. (Matson, R)
June 6, 2007
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ORDER signed by Judge James K Singleton on 6/6/07. Clerk directed to furnish plaintiff with a copy of complete docket. Clerk shall also verify date the Complaint was filed or, if date incorrect, prepare and send Court of Appeals an Amended New Appeals Docket Information reflecting correct date. In all other respects, the 295 Request is DENIED. (Marciel, M)
May 29, 2009
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ORDER signed by Senior Judge James K. Singleton on 5/28/2009 ORDERING 124 The Amended Complaint as against dfts Babbich, Baughman, Diggs, Haas, Reyes, Selky, and Wright, is DISMISSED, without prejudice, for failure of Pltf to exhaust his administrative remedies prior to filing his complaint; Pltf is GRANTED until 7/15/2009, to file his second amended complaint; the Clerk of the Court is directed to send pltf the forms to be used by a prisoner filing a civil rights action 48:1983, and documents 304, 292, 227, and 124. (Attachments: # (1) Form 42:1983)(Reader, L)
September 23, 2009
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/23/09 DENYING 311 Motion to Appoint Counsel ; GRANTING 314 Motion for extension of time. Plaintiff has 30 days from the date this order is served to file and serve an amended complaint.(Dillon, M)
September 14, 2010
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/14/2010 ORDERING that the allegations are sufficiant for claims against Singletary, Wright, Haas, Diggs, Babich, Baughman, McClure, South-Gilliam, Reyes, D. Peterson, Holmes, C.J. Peterson, Castro, Park, Jennings and Runnels; dft Minnick's 322 request for screening of the second amended cmplt is DENIED as moot; and pltf's 320 motion for sanctions is DENIED; and RECOMMENDING that dfts Selky and Keno, the double jeopardy claims and the claims previously dismissed by the Ninth Circuit, including those against dfts Hooper and Munoz, be dismissed w/ prejudice; dfts Singletary, Wright, Haas, Diggs, Babich, Baughman, McClure, South-Gilliam, Reyes, D. Peterson, Holmes, C.J. Peterson, Castro, Park, Jennings and Runnels, be directed to, w/in 30 days, file a response to the complaint as herein narrowed. Referred to Judge Lawrence K. Karlton; Objections due w/in 14 days.(Yin, K)
March 16, 2011
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ORDER adopting 323 FINDINGS AND RECOMMENDATIONS with the exception of the recommendation that claims previously dismissed by USCA be dismissed with prejudice, signed by Senior Judge Lawrence K. Karlton on 3/15/2011. Due process claims against dfts Selky and Keno and the double jeopardy claims are dismissed from this action with prejudice. Plaintiff's claims based on the 45 day delay in providing him medically prescribed shoes and his claim based on an alleged failure to treat his deviated septum are dismissed without prejudice. They may only be brought in a new action, if otherwise proper. Plaintiff is prohibited from re-filing these claims in this action.(Waggoner, D)
May 27, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/27/2011 denying 335 Motion for Sanctions and Motion to Appoint Counsel; granting 336 Motion for Clarification; within 30 days, plaintiff shall file either (a) an opposition to the 4/14/2011 Motion to Dimiss, or (b) a statement indicating that plaintiff's 4/26/2011 filing serves as his opposition to the pending Motion to Dismiss. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed withouth prejudice. (Waggoner, D)
September 13, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/13/11 ORDERING 339 Motion is granted to the extent that plaintiff may file an amended opposition to defendants' motion to dismiss within 30 days of the date of this order and 340 Motion for Appointment of Counsel is denied. (Matson, R)
March 9, 2012
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[VACATED] SEE 350 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/9/12 ORDERING that 344 Motion to Appoint Counsel is DENIED; and RECOMMENDING that 333 MOTION to DISMISS be granted in part (see order for further details). Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days. (Dillon, M) Modified on 3/15/2012 (Yin, K). Modified on 8/2/2012 (Becknal, R).
March 20, 2012
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ORDER signed by Judge Lawrence K. Karlton on 3/19/12 ORDERING that the court's decision on plaintiff's request for reconsideration, 343 is STAYED pending resolution of Defendants' motion to dismiss. (Becknal, R)
August 2, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/2/12 ORDERING that the 3/9/12 findings and recommendations 345 are vacated; Defendants' motion to dismiss 333 is denied without prejudice; Within thirty days of the date of this order, defendants may re-file and re-serve their motion to dismiss. Defendants must contemporaneously serve with the motion, but in a separate document, a copy of the attached "Wyatt Notice," which provides plaintiff with notice of the requirements for opposing a motion to dismiss for failure to exhaust; If defendants re-serve their motion, plaintiff may thereafter file and serve an amended opposition within thirty days. If plaintiff fails to file an amended opposition, the court will consider his existing opposition in resolving defendants' motion; If plaintiff files an amended opposition, defendants may thereafter file an amended reply within fourteen days. (Becknal, R)
September 5, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/5/2012, DENYING plaintiff's 351 request for appointment of counsel. (Yin, K)
August 1, 2013
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/31/13 ORDERING that plaintiff's request for appointment of counsel 359, 360 is denied. Also, RECOMMENDING that defendants' 08/30/12 motion to dismiss 352 be granted as follows: a) that the claims encompassed by paragraphs 1,5,6,7,10 and 12 be dismissed without prejudice as unexhausted. b) that the claims encompassed by paragraph 2 based on the alleged lockdown in place before 05/07/99 be dismissed without prejudice as unexhausted; c) that the claims encompassed by paragraph 3, except for those allegin retaliation by Wright be dismissed with prejudice for failure to state a claim.d) that the claims encompassed by paragraph 4, except for those allegin retaliation by Wright, be dismissed without prejudice as unexhausted. e)that the claims encompassed by paragraph 8, except for the due process claims against Holmes, C. Peterson, and D. Peterson be dismissed with prejudice for failure to state a claim. f) that the claims against Runnels and Jennings encompassed by paragraph 9 be dismissed with prejudice for failure to state a claim. That this action proceed solely on the claims identified above, against defendants Castro, D. Peterson, Wright, Holmes, C. Peterson, Babich, Baughman, Diggs, Reyes and Hass and that they be ordered to file an answer to the complaint within the time provided in Rule 12 of the Federal Rules of Civil Procedure. MOTION to DISMISS 352 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)
November 6, 2013
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ORDER ADOPTING 363 FINDINGS and RECOMMENDATIONS, in full and with exception of correction noted, signed by Judge Lawrence K. Karlton on 11/5/2013. Defendants' 8/30/2013 352 Motion to Dismiss is GRANTED as follows: (a) that claims encompassed by paragraphs 1, 5, 6, 7, 10, and 12 are DISMISSED without prejudice as unexhausted; (b) that claims encompassed by paragraph 2 based on alleged lockdown in place before 5/7/1999 are DISMISSED without prejudice as unexhausted; (c) that claims encompassed by paragraph 3, except for those alleging retaliation by Wright, are DISMISSED with prejudice for failure to state a claim; (d) that claims encompassed by paragraph 4, except for those alleging retaliation by Wright, are DISMISSED without prejudice as unexhausted; (e) that claims encompassed by paragraph 8, except for due process claims against Holmes, C. Peterson, and D. Peterson are DISMISSED with prejudice for failure to state claim; and (f) claims against Runnels and Jennings encompassed by paragraph 9 are DISMISSED with prejudice for failure to state a claim. This action proceeds SOLELY claims identified above against defendants Castro, D. Peterson, Wright, Holmes, C. Peterson, Babich, Baughman, Diggs, Reyes, and Haas. Those defendants are ordered to file an answer to Complaint within time provided in Rule 12 of the Federal Rules of Civil Procedure. (Marciel, M)
December 19, 2013
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r further details)(cc: ADR Director)(Plummer, M)ORDER signed by Magistrate Judge Edmund F. Brennan on 12/19/13 ordering the parties in this action shall each, no later than 30 days from the date of this order, submit confidential settlement conference statements as described below. (See order fo
April 21, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/21/14 ORDERING that 382 motion for a seven-day extension to serve their responses to Plaintiffs first set of interrogatories and admission and production requests is granted, nunc pro tunc.(Dillon, M)
June 24, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/24/14 denying plaintiff's miscellaneous motions 380, 384, 386, 387 and 388. Plaintiff's request for the appointment of counsel 379, 385 and 391 is granted and the case is referred to Sujean Park, the court's pro bono coordinator. (cc: ADR Director) (Plummer, M)
July 8, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/8/14 ORDERING that Robert Navarro is appointed as limited purpose counsel in the above entitled matter. This appointment is for the limited purpose of conducting discovery only. Robert Navarros appointment will terminate when all discovery matters are closed in this action. The court will notify the parties when discovery is closed.(Dillon, M)
July 11, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 07/10/14 ordering ( Status Conference set for 8/13/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.) (Plummer, M)
July 28, 2014
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 7/28/2014 VACATING the 8/13/2014 status conference and all scheduling deadlines. The Status Conference is CONTINUED to 8/27/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Joint status report due seven days before the status conference. (Donati, J)
July 28, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/22/2014 ORDERING plaintiff's attorney's request for authority to incur costs by appointed pro bono counsel Robert Navarro is GRANTED. (Crouch, J)
August 21, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/21/2014 VACATING the 8/27/2014 status conference; GRANTING plaintiff's request to withdraw and revise his pro se motion to compel and the clerk shall note on the docket that the 397 motion to compel is WITHDRAWN; non-expert discovery due by 12/17/2014; expert disclosures due on or before 1/16/2015; expert discovery due by 3/18/2015; dispositive motions due on or before 5/6/2015; and plaintiff's pro se 391, 405 motions to vacate the discovery and dispositive motions deadlines and to stay this action until counsel makes an appearance are DENIED as moot. (Yin, K)
December 9, 2014
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ve Motions to be filed no later than July 31, 2015. (Dillon, M)STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/9/14 ORDERING that Fact Discovery shall close on March 27, 2015; Expert Disclosures to be made no later than April 30, 2015; Expert Discovery to close on June 5, 2015; Dispositi
December 30, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/29/2014 ORDERING that the hearing currently set for 1/21/2015 is dropped from calendar.(Yin, K)
August 3, 2015
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/3/15. Dispositive Motions due by 9/11/2015. (Dillon, M)
August 17, 2015
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/17/2015 and agreed between the parties to MODIFY the Scheduling Order. Dispositive Motions shall be filed on or before 10/30/2015. (Yin, K)
August 25, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/25/2015 DENYING plaintiff's 423 "motion to strike" and motion for the appointment of counsel. (Yin, K)
August 26, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/26/15 GRANTING 417 Motion to Compel and defendant Holmes is granted 30 days within which to serve his response to plaintiffs request for production number 18.(Dillon, M)
September 22, 2015
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/22/15 ORDERING that plaintiffs objections (ECF No. 426) are overruled (Dillon, M)
December 23, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr. on 12/22/15 ORDERING that plaintiff's 439 Motion for Reconsideration is DENIED. (Benson, A)
February 22, 2016
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/22/16 ORDERING that the status conference currently scheduled for Wednesday, March 2, 2016, be moved to Wednesday, March 30 April 6, 2016, for the purpose of facilitating plaintiff's counsel's clearance at PBSP and visitation with his client. (Dillon, M)
March 16, 2016
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/15/16 ORDERING that the status conference currently scheduled for Wednesday, March 30, 2016, be moved to Wednesday, April 27, 2016, for the purpose of facilitating plaintiffs counsels visitation with his client and preparing a status conference report. (Dillon, M)
July 28, 2016
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/28/16 ORDERING that plaintiff' s single brief, consisting of a reply and an opposition to defendants' motion for summary judgment is due by Thursday, August 18, 2016. Defendants' reply is due by August 31, 2016. The hearing is to be held Wednesday September 14, 2016 at 10:00 a.m.(Dillon, M) Modified on 7/28/2016 (Dillon, M).
February 9, 2017
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defendants Babich, Baughman, and Diggs; (d) First Amendment claims against defendant Baughman; and (e) First and Fourteenth Amendment claims against defendant Reyes. Defendants' motion should be denied in all other respects. If the District JFINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/8/17 RECOMMENDING that Plaintiff's motion for summary judgment (ECF No. 458) be denied; Defendants' motion for summary judgment (ECF No. 466) be granted in part. The following claims should be dismissed: (a) Eighth Amendment claims against defendants Castro and D. Peterson; (b) Fourteenth Amendment claims against defendants Holmes, C.J. Peterson, andD. Peterson; (c) Fourteenth Amendment claims againstudge adopts the recommendation that the Fourteenth Amendment claim against defendant C.J. Peterson be dismissed, the court also recommends denying plaintiff's motion for substitution of deceased defendant (ECF No. 465) as moot. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
February 17, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/16/2017 APPROVING the parties' stipulation to continue the filing date and objections to F&R may be filed on or before 3/9/2017.(Yin, K)
March 8, 2017
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/7/2017 APPROVING the parties' stipulation; the parties' objections to the findings and recommendations shall be filed on or before 3/22/2017.(Yin, K)
June 19, 2017
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ORDER adopting in full 476 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 6/16/17. Plaintiff's 458 motion for summary judgment is DENIED. Defendants' 466 motion for summary judgment is GRANTED in part and DENIED in part. Plaintiff's 465 motion for substitution of deceased defendant is DENIED as moot. (Kastilahn, A)
June 21, 2017
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ORDER REQUESTING CONFIDENTIAL SETTLEMENT STATEMENTS FOR PRISONER SETTLEMENT PROGRAM signed by Magistrate Judge Edmund F. Brennan on 6/21/2017. Within 30 days, the parties shall each submit confidential statements as described within this order. (cc: ADR)(Yin, K)
July 6, 2017
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ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Edmund F. Brennan on 7/5/2017 ORDERING the Custodian to produce Andrew Rick Lopez at 9:00 a.m. on 8/11/2017 in Courtroom #25 before Magistrate Judge Kendall J. Newman. 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)
October 6, 2017
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 10/5/2017 DISMISSING this CASE with prejudice. CASE CLOSED. (Donati, J)