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17-1032 - Green v. StateFarm


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17-1032 - Green v. StateFarm
May 15, 2017
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***VACATED PER 7 ORDER*** FINDINGS, CONCLUSIONS, AND RECOMMENDATION re: 3 Complaint filed by Marlon Green. The plaintiff's case should be dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute or follow orders of the court, unless the plaintiff files an amended complaint and either pays the filing fee or files an IFP application within the time for objecting to this recommendation, or by some other deadline set by the Court. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/15/2017) (aaa) Modified on 6/2/2017 (axm).
June 2, 2017
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ORDER granting in part 6 Motion for Extension of Time. The plaintiff must file an amended complaint and either pay the filing fee or file his IFP application within fourteen (14) days of the date of this Order. The 5 Findings and Recommendation for dismissal is hereby VACATED. The plaintiff's pre-service motion for summary judgment is unnecessary and premature until a determination has been made regarding whether he may proceed with this action, and it has been served. Accordingly, in the interests of judicial economy, the motion is ordered unfiled. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/2/2017) (axm)
June 22, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION: The plaintiff's case should be dismissed without prejudice under Fed. R. Civ. P. 41(b) for failure to prosecute or follow orders of the court, unless he files an amended complaint and either pays the filing fee or files an IFP application within the time for objecting to this recommendation, or by some other deadline set by the Court. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/22/2017) (sss)
July 20, 2017
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Order: After making an independent review of the pleadings, files, and records in this case, and the 6/22/2017 findings, conclusions, and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted 8 Findings and Recommendations on Case re: 3 Complaint filed by Marlon Green. (Ordered by Judge Sidney A Fitzwater on 7/20/2017) (ndt)
August 7, 2017
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Findings, Conclusions, and Recommendation re: plaintiff's Motion; Proceed to Trail [sic] Petition for Summary Judgement and unsigned Application to Proceed in District Court Without Prepaying Fees or Costs, both filed 7/28/2017 (docs. 12,13). The plaintiff's motions should be construed as request to reopen his case under Rule 60(b), and DENIED. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 8/7/2017) (mcrd)
August 31, 2017
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ORDER: The 14 findings, conclusions, and recommendation of the magistrate judge are adopted. Accordingly, plaintiff's 12 motion to proceed to trial and petition for summary judgment and 13 application to proceed in district court without prepaying fees or costs are construed as seeking relief under Fed. R. Civ. P. 60(b) and are denied. (Ordered by Judge Sidney A Fitzwater on 8/31/2017) (ash)