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16-1050 - Osborne v. US Marshal et al


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16-1050 - Osborne v. US Marshal et al
June 14, 2016
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***VACATED PER 16 ORDER***Findings, Conclusions, and Recommendation re: plaintiff's 5 Application to Proceed In Forma Pauperis. The plaintiff's application to proceed in forma pauperis should be denied, and this case should be dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute or follow court orders, unless he pays the filing fee within the time for objecting to this recommendation or some other deadline set by the Court. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/14/2016) (mcrd) Modified on 6/23/2016 (ykp).
June 23, 2016
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ORDER: The plaintiff has now paid the filing fee. Accordingly, the 6/14/2016 findings, conclusions, and recommendation for dismissal are hereby VACATED. Because the plaintiff paid the filing fee, his request to proceed in forma pauperis (doc. 5) is DEEMED MOOT. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/23/2016) (ykp)
November 8, 2016
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FINDINGS, CONCLUSIONS AND RECOMMENDATION: The Court should DISMISS the complaint with prejudice as frivolous under 28 U.S.C. § 1915A(b) and § 1915(e)(2)(B) until the plaintiff satisfies the conditions in Heck v. Humphrey, 512 U.S. 477 (1994). This dismissal will count as a "strike" or "prior occasion" within the meaning 28 U.S.C. § 1915(g). The 14 Motion to Intervene and/or Implead should be denied as moot. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/8/2016) (twd)
November 28, 2016
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Order Accepting Findings and Recommendations 21 Findings and Recommendations on Case re: 3 Complaint; denying as moot 14 (Document Restricted) Sealed Motion. (Ordered by Chief Judge Barbara M.G. Lynn on 11/28/2016) (mem)