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15-7237 - Bey v. Fernandez et al


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15-7237 - Bey v. Fernandez et al
December 17, 2015
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ORDER OF TRANSFER. Signed by Judge Howard R. Lloyd on 12/16/15. (pmc, COURT STAFF) (Filed on 12/17/2015) [Transferred from California Northern on 12/18/2015.]
March 2, 2016
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MEMORANDUM AND ORDER: For the reasons set forth in the attached memorandum and order, the Complaint is dismissed without prejudice for failure to state a claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). The Court grants Plaintiff's request to proceed in forma pauperis solely for the purpose of this Order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. The Clerk's Office is respectfully directed to close this case and enter judgment accordingly. Ordered by Judge Pamela K. Chen on 3/2/2016. (Merin, Eric)
May 31, 2017
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Judge Pamela K. Chen on 5/31/2017. (Chivers, Jeffrey)ORDER denying 27 Motion to Stay: For the reasons stated in the attached order, Plaintiff's motion to stay this action is denied. If and when Plaintiff successfully exhausts his claims against DHS, Plaintiff may move in the ordinary course for permission to amend his complaint to add DHS as a defendant. In the meantime, pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997), the Court directs the U.S. Attorneys Office toprovide the proper service address for Defendants Fernandez and Holt by June 21, 2017. The Court also respectfully requests that Magistrate Judge Tiscione coordinate with the U.S. Marshals Service to serve a summons and a copy of the Amended Complaint (Dkt. 20) on Defendants Fernandez and Holt. Ordered by