| -- |
Filed: 10/15/2001, Entered: 10/15/2001 |
Notice Of Assignment |
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NOTICE of Assignment; case is assigned to Judge Susan R. Bolton and is referred to Mag Judge Morton Sitver and Court's Legal Staff for review. (TLJ)
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| 1 |
Filed: 10/15/2001, Entered: 10/15/2001 |
Complaint |
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PRISONER Civil Rights Complaint filed. (TLJ)
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| 2 |
Filed: 10/15/2001, Entered: 10/15/2001, Terminated: 2/7/2002 |
Motion for Leave to Proceed in forma pauperis |
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MOTION to proceed in forma pauperis by pla Tad AL Mason [2-1] (TLJ)
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| 3 |
Filed: 10/26/2001, Entered: 10/26/2001, Terminated: 11/13/2001 |
Order |
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***VACATED PER ORDER OF 11/13/01***ORDER FOR PAYMENT OF INMATE FILING FEE by Judge Susan R. Bolton: Warden or designee shall collect from pla's trust acct an initial partial filing fee of $13.80 ... Clerk/Crt to serve by mail a copy of this order on Warden Bruno Stolc, Central AZ Detention Center, PO Box 1048, 1155 N. Pinal Pkwy, Florence AZ 85232. Clerk/Crt to fwd a copy of this order to the Financial Section of the US District Court for the District of AZ. (cc: Mason; Warden Stolc; Finance) re: order filed [3-1] ***VACATED PER ORDER OF 11/13/01*** (former emp) Modified on 11/13/2001
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| 4 |
Filed: 10/26/2001, Entered: 10/26/2001 |
Order |
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ORDER by Judge Susan R. Bolton: Application to proceed in forma pauperis is granted; pla is obligated to pay the statutory filing fee of $150.00. Pla is assessed $13.80 as his initial partial filing fee; complaint is dismissed w/30-days' lv to amend. Clerk/Crt is directed to enter a jgm of dismissal w/o prej and w/o further ntc to pla if he fails to comply with this order. Clerk/Crt directed to provide pla a current court-approved form for filing a comlaint purs to 42 USC 1983. ; spec. prisoner ddl set for 11/26/01 (cc: Mason w/court-approved form) (former emp)
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| 5 |
Filed: 11/13/2001, Entered: 11/13/2001 |
Order |
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ORDER by Judge Susan R. Bolton: Clerk of the Court is directed to VACATE the Court's order filed on 10/26/01, directing Warden Bruno Stolc to collect funds from pla. By separate order, the Court will direct Warden J. Frank Luna of the Florence Correctional Center to collect the initial partial filing fee from pla's trust acct and fwd it to the Clerk of Court. (cc: all counsel) (former emp)
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| 6 |
Filed: 11/13/2001, Entered: 11/13/2001 |
Order |
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ORDER FOR PMT OF INMATE FILING FEE by Judge Susan R. Bolton: 1) Warden or his designee shall collect from pla's trust acct an initial partial filing fee in the amt of $13.80, and shall fwd the amt to the Clerk/Crt. 2) Thereafter, Warden or designee shall collect from pla's trust acct the balance of the $150.00 filing fee ... The pmts shall be clearly identified by the name and number assigned to this action. 3) Warden or designee shall notify the Clerk/Crt in writing when pla is either released from ... 4) Clerk/Crt is directed to serve by mail a copy of this order on Warden Frank Luna, Florence Correctional Center, PO Box 2667, Florence AZ 85232. 5) Clerk/Crt directed to fwd a copy of this order to the Finance Section of the US District Court for the District of AZ to set up an acct for pla. (cc: all counsel) (former emp)
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| 7 |
Filed: 11/27/2001, Entered: 11/29/2001 |
Amended Complaint |
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FIRST AMENDED COMPLAINT by pla Tad AL Mason ;; jury demand [1-1] ;adding dft Charles Martin, Steven Carmona (former emp)
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| 8 |
Filed: 1/28/2002, Entered: 1/28/2002 |
Order |
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ORDER by Judge Susan R. Bolton that the Clerk shall send pla a service packet including both summons and request for waiver forms for the following dfts: Luna, Martin and Carmona; That pla shall complete and return the service packet to the Clerk within 20 days of the date of filing of this Order. The United States Marshal will not provide service of process if pla fails to comply with this Order. ; spec. prisoner ddl set for 2/27/02 Case referred to Mag Judge Morton Sitver (cc: all counsel) (KMG)
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| 9 |
Filed: 2/11/2002, Entered: 2/12/2002, Terminated: 2/15/2002 |
Motion to Amend/Correct |
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Notice/MOTION to change first name of dft Carmona from Steven to Gilbert by pla Tad AL Mason [9-1] (SAT)
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| -- |
Filed: 2/12/2002, Entered: 2/12/2002 |
Remark re Service Packets Received |
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Service Packets received on 02/11/02 from pla as to dft J Frank Luna, dft Charles Martin, dft Steven Carmona (SAT)
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| -- |
Filed: 2/12/2002, Entered: 2/12/2002 |
Service Packet Forwarded to USMS |
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USM 285, summons/notice/complaint/order, forwarded to USMS this date for dfts Luna, Martin and Carmona. (SAT)
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| 10 |
Filed: 2/15/2002, Entered: 2/15/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to change first name of dft Carmona from Steven to Gilbert by pla Tad AL Mason [9-1] (cc: all counsel) (former emp)
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| 11 |
Filed: 3/15/2002, Entered: 3/15/2002 |
Waiver of Service Executed |
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WAIVER of Service of summons and complaint upon dft Charles Martin ; waiver sent on 2/22/02 (SAT)
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| 12 |
Filed: 4/5/2002, Entered: 4/9/2002 |
Waiver of Service Executed |
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WAIVER of Service of summons and complaint upon dft Gilbert Carmona ; waiver sent on 2/22/02 (SAT)
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| 13 |
Filed: 4/9/2002, Entered: 4/10/2002 |
Summons Returned Executed - Complaint/Habeas Petit |
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RETURN OF SERVICE EXECUTED summons/complaint upon Carl Stansel, Chief of Security for dft J Frank Luna on 4/8/02 (SAT)
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| 15 |
Filed: 4/24/2002, Entered: 4/26/2002 |
Answer to Complaint |
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ANSWER to complaint (amended) [7-1] by dft Charles Martin, dft Gilbert Carmona (SAT)
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| 16 |
Filed: 4/24/2002, Entered: 4/26/2002 |
Jury Demand |
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DEMAND for jury trial by dft Charles Martin, dft Gilbert Carmona (SAT)
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| 14 |
Filed: 4/25/2002, Entered: 4/25/2002 |
Order |
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ORDER by Mag Judge Morton Sitver that the parties shall comply with the following deadlines and discovery orders: discovery ddl set for 6/28/02 ; dispositive motions due 11/29/02 ; PTO ddl set 12/30/02 (cc: all counsel) (SAT)
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| 17 |
Filed: 4/26/2002, Entered: 4/26/2002 |
Order |
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ORDER by Mag Judge Morton Sitver that the parties shall comply with the following deadlines and discovery orders; discovery ddl set for 6/28/02 ; dispositive motions due 11/29/02 ; PTO ddl set 12/30/02 (cc: all counsel) (SAT)
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| 18 |
Filed: 4/30/2002, Entered: 5/2/2002 |
Answer to Complaint |
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Separate ANSWER to complaint (amended) [7-1] by dft J Frank Luna; jury demand (SAT)
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| 19 |
Filed: 4/30/2002, Entered: 5/2/2002 |
Jury Demand |
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DEMAND for Jury Trial by dft J Frank Luna (SAT)
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| 20 |
Filed: 5/2/2002, Entered: 5/2/2002 |
Order |
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ORDER by Mag Judge Morton Sitver that the previously set pretrial deadlines [17-1], [17-2] shall apply to defendant Luna who has now appeared through counsel in this action (cc: all counsel) (SAT)
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| 21 |
Filed: 5/3/2002, Entered: 5/3/2002, Terminated: 6/4/2002 |
Motion for Default Judgment |
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MOTION for Default Judgment to be Entered Against Defendant J Frank Luna by pla [21-1] (SAT)
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| 22 |
Filed: 5/16/2002, Entered: 5/21/2002 |
Response to Motion |
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RESPONSE by dfts to Plaintiff's Motion for Default Judgment to be Entered Against Defendant J Frank Luna [21-1] (SAT)
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| 23 |
Filed: 5/23/2002, Entered: 5/23/2002 |
Reply to Response to Motion |
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REPLY by pla to Defendant Luna's Response to Plaintiff's Motion for Default Judgment to be Entered Against Defendant J Frank Luna by pla [21-1] (SAT)
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| 24 |
Filed: 5/23/2002, Entered: 5/24/2002 |
Other Notice |
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NOTICE of service of discovery by dfts. (SAT)
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| 25 |
Filed: 6/4/2002, Entered: 6/4/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting Plaintiff's Motion for Entry of Default [21-1] pursuant to Rule 55(a), Fed.R.Civ.P.; the Clerk of Court is requested to enter Defendant's default; this is not a judgment terminating party J Frank Luna (cc: all counsel) (SAT)
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| 26 |
Filed: 6/4/2002, Entered: 6/4/2002 |
Clerk's Entry of Default |
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DEFAULT ENTERED as to dft J Frank Luna (cc: all counsel) (SAT)
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| 27 |
Filed: 6/12/2002, Entered: 6/13/2002 |
Motion for Default Judgment |
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Application/MOTION for Court to Enter Judgment on Default Entered Against J Frank Luna by pla Tad AL Mason [27-1] (SAT)
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| 28 |
Filed: 6/12/2002, Entered: 6/13/2002 |
Motion to Set Aside Default |
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MOTION to Set Aside Entry of Default Against J Frank Luna [26-1] by dft J Frank Luna [28-1] AND Extension of Time to File an Answer (SAT)
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| 29 |
Filed: 6/19/2002, Entered: 6/20/2002 |
Affidavit |
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Notice of Filing Signed AFFIDAVIT of J Frank Luna in support of Motion to Set Aside Entry of Default Against J Frank Luna [26-1] by dft J Frank Luna [28-1] AND in support of Motion for Extension of Time to File an Answer [28-2] by dft (SAT)
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| 30 |
Filed: 6/20/2002, Entered: 6/21/2002, Terminated: 6/24/2002 |
Motion for Extension of Time |
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MOTION for 30 day Extension to Respond to Dft's Motion to Set Aside Entry of Default Against J Frank Luna/Extension of Time to Reply by pla [30-1] (first request) (SAT)
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| 31 |
Filed: 6/24/2002, Entered: 6/24/2002 |
Order |
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ORDER by Judge Susan R. Bolton granting Plaintiff's Motion for 30 day Extension to Respond to Dft's Motion to Set Aside Entry of Default Against J Frank Luna/Extension of Time to Reply [30-1]; Pla shall have until 7/17/02 to file his Reply (cc: all counsel) (SAT)
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| 32 |
Filed: 7/1/2002, Entered: 7/3/2002, Terminated: 8/14/2002 |
Motion for Extension of Time |
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MOTION for 60 Day Extension to Submit Discovery Requests by pla [32-1] (first request) (SAT)
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| 33 |
Filed: 7/1/2002, Entered: 7/3/2002 |
Response to Motion |
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RESPONSE by pla to Defendant's Motion to Set Aside Entry of Default Against J Frank Luna [26-1] by dft J Frank Luna [28-1] AND Extension of Time to File an Answer (SAT)
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| 34 |
Filed: 7/8/2002, Entered: 7/10/2002 |
Reply to Response to Motion |
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REPLY by dfts to Response to Motion to Set Aside Entry of Default Against J Frank Luna [26-1] by dft J Frank Luna [28-1] and Extension of Time to File an Answer (SAT)
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| 35 |
Filed: 7/9/2002, Entered: 7/11/2002, Terminated: 8/14/2002 |
Motion for Extension of Time |
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MOTION to Extend Time until 7/22/02 for dft Luna to respond to Plaintiff's Application/Motion for Court to Enter Judgment on Default Entered Against J Frank Luna by dft J Frank Luna [35-1] (SAT)
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| 36 |
Filed: 7/10/2002, Entered: 7/15/2002 |
Response to Motion |
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RESPONSE by dft J Frank Luna to Motion for Court to Enter Judgment on Default Entered Against J Frank Luna by pla Tad AL Mason [27-1] (SAT)
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| 37 |
Filed: 7/10/2002, Entered: 7/15/2002 |
Response to Motion |
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RESPONSE by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona to Motion for 60 Day Extension to Submit Discovery Requests by pla [32-1] (SAT)
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| 38 |
Filed: 7/15/2002, Entered: 7/17/2002 |
Motion to Strike |
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MOTION to Strike and Void Defendant's Reply to response to [34-1], Motion to Set Aside Entry of Against J Frank Luna [26-1] by dft J Frank Luna [28-1] and Extension of Time to File an Answer [28-2] pla [38-1] (SAT)
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| 39 |
Filed: 7/19/2002, Entered: 7/19/2002, Terminated: 10/30/2002 |
Motion for Extension of Time |
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MOTION for 45 Day Extension to Reply to Dft Luna's Response to Plaintiff's Application/Motion for Court to Enter Judgment on Default Entered Against J Frank Luna by pla [39-1] (first request) (SAT)
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| 40 |
Filed: 7/22/2002, Entered: 7/24/2002 |
Response to Motion |
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RESPONSE by dfts to motion to Strike and Void Defendant's Reply to response to [34-1], Motion to Set Aside Entry of Against J Frank Luna [26-1] by dft J Frank Luna [28-1] and Extension of Time to File an Answer [28-2] pla [38-1] (former emp)
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| 41 |
Filed: 7/31/2002, Entered: 8/5/2002 |
Response to Motion |
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RESPONSE by dft J Frank Luna to Motion for 45 Day Extension to Reply to Dft Luna's Response to Plaintiff's Application/Motion for Court to Enter Judgment on Default Entered Against J Frank Luna by pla [39-1] (SAT)
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| 42 |
Filed: 8/14/2002, Entered: 8/14/2002, Terminated: 10/18/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion for 60 Day Extension to Submit Discovery Requests by pla [32-1] with respect to dft J Frank Luna; pla and dft Luna shall have thirty (30) days from the date of filing this Order within which to conduct discovery as to claims against dft Luna; FURTHER ORDERED that in all other respects, the motion is denied (cc: all counsel) (SAT)
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| 43 |
Filed: 8/14/2002, Entered: 8/15/2002 |
Report and Recommendation |
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REPORT AND RECOMMENDATION /ORDER by Mag Judge Morton Sitver that the Motion to Extend Time until 7/22/02 for dft Luna to respond to Plaintiff's Application/Motion for Court to Enter Judgment on Default Entered Against J Frank Luna by dft J Frank Luna [35-1] is GRANTED; FURTHER ORDERED that the Motion for 45 Day Extension to Reply to Dft Luna's Response to Plaintiff's Application/Motion for Court to Enter Judgment on Default Entered Against J Frank Luna by pla [39-1] is DENIED; FURTHER ORDERED that the Motion to Strike and Void Defendant's Reply to response to [34-1] Motion to Set Aside Entry of Against J Frank Luna [26-1] by dft J Frank Luna [28-1] and Extension of Time to File an Answer [28-2] pla [38-1] is DENIED; FURTHER RECOMMENDED that the Motion to Set Aside Entry of Default Against J Frank Luna [26-1] by dft J Frank Luna [28-1] and Motion Extension of Time to File an Answer be GRANTED, FURTHER RECOMMENDED that Motion for to Enter Judgment on Default Entered Against J Frank Luna pla Tad AL Mason [27-1] be DENIED; FURTHER ORDERED that Dft Luna's Answer filed 4/30/02 be deemed to have been timely filed (cc: all counsel) (SAT)
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| 44 |
Filed: 9/3/2002, Entered: 9/6/2002, Terminated: 10/30/2002 |
Objection to Report and Recommendations |
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OBJECTIONS TO REPORT AND RECOMMENDATION [43-1] by pla (SAT)
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| 45 |
Filed: 9/3/2002, Entered: 9/6/2002 |
Objection |
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OBJECTIONS by pla to Court Order filed [42-1] (SAT)
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| 46 |
Filed: 9/13/2002, Entered: 9/17/2002 |
Motion for Extension of Time |
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MOTION for Extension of Time by dfts [46-1] AND for Order Directing Plaintiff to Serve Defendants With all Documents Filed With the Court by dfts [46-2] (SAT)
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| 47 |
Filed: 9/24/2002, Entered: 9/24/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting Motion for Order Directing Plaintiff to Serve Defendants With all Documents Filed With the Court by dfts [46-2]; Plaintiff is ordered to serve, within 10 days of filing of hit order, copies of the following pleadings on Defendants: Objections to the Court's order relating to further discovery [45-1]; Objections to the Court's Report and Recommendation relating to the entry of default against Defendant J Frank Luna [44-1]; failure by pla to file or serve these pleadings.... will result in summary denial of any and all relief requested in such pleadings; in the alternative, pla shall file with the Court within 10 days, an affidavit, signed under penalty of perjury, stating the exact reasons for (1) pla's failure to file copies of the aforementioned pleadings with the Court; (2) pla's failure to serve dfts with copies; (3) any future obstacles to pla's service of copies; FURTHER ORDERED granting Motion for Extension of Time by dfts [46-1]; upon service of the aforementioned pleadings, dfts' are granted leave to file a response pursuant to Local Rule 1.10(c); if pla chooses to file an affidavit in lieu of service of the aforementioned pleadings, dfts' are granted leave to file a response to the pleadings pursuant to Local Rule 1.10(c) upon receipt of an order by the Court re pla's affidavit (cc: all counsel) (SAT)
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| 48 |
Filed: 10/7/2002, Entered: 10/11/2002, Terminated: 10/15/2002 |
Motion for Extension of Time |
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MOTION to extend time to comply with Court's Order re service of Dfts with documents by pla Tad AL Mason [48-1] (MAP)
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| -- |
Filed: 10/15/2002, Entered: 10/17/2002 |
Response |
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RESPONSE by dfts to Plaintiff's Objection [45-1], to Report and Recommendation Order filed [42-1] (SAT)
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| 49 |
Filed: 10/15/2002, Entered: 10/15/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting motion to extend time to comply with Court's Order re service of Dfts with documents by pla Tad AL Mason [48-1]; Plaintiff shall have 10 days from the filing of this order in which to remit a request for copies and payment to the Clerk (cc: all counsel) (SAT)
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| 50 |
Filed: 10/15/2002, Entered: 10/17/2002 |
Response |
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RESPONSE by dfts to Plaintiff's Objection to Report & Recommendation Order [44-1] (SAT) Modified on 10/17/2002
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| 51 |
Filed: 10/15/2002, Entered: 10/17/2002 |
Response |
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RESPONSE by dfts to Plaintiff's Objection [45-1], to Court Order filed [42-1] (SAT)
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| 52 |
Filed: 10/15/2002, Entered: 10/17/2002 |
Response |
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RESPONSE by dfts to Motion to extend time to comply with Court's Order re service of Dfts with documents by pla Tad AL Mason [48-1] [48-1] (SAT)
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| 53 |
Filed: 10/18/2002, Entered: 10/18/2002 |
Order |
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ORDER by Mag Judge Morton Sitver that for the reasons stated in its Order issued 8/14/02 [42-1], Plaintiff's "Objection to Court Order" [45-1] is DENIED without prejudice (cc: all counsel) (SAT)
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| 54 |
Filed: 10/30/2002, Entered: 10/30/2002 |
Order |
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ORDER by Judge Susan R. Bolton overruling Plaintiff's Objections [44-1] to the Report & Recommendation [43-1] of the Magistrate Judge; FURTHER ORDERED adoptting the REPORT AND RECOMMENDATION of the Magistrate Judge as the Order of this Court; FURTHR ORDERED granting Motion to Set Aside Entry of Default Against J Frank Luna [26-1] by dft J Frank Luna [28-1] and granting Motion for Extension of Time to File an Answer; FURTHER ORDER denying Motion for Court to Enter Judgment on Default Entered Against J Frank Luna pla Tad AL Mason [27-1]; FURTHER ORDERED that Defendant Luna's answer filed 4/30/02 is deemed to have been timely filed (cc: all counsel) (SAT)
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| 55 |
Filed: 11/27/2002, Entered: 11/29/2002, Terminated: 7/3/2003 |
Motion for Partial Summary Judgment |
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MOTION for partial Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona [55-1] (SAT)
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| 56 |
Filed: 11/27/2002, Entered: 11/29/2002 |
Statement |
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STATEMENT OF FACTS by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona in Support of Motion for partial Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell by dft Frank Luna, dft Charles Martin, dft Gilbert Carmona [55-1] (SAT)
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| 57 |
Filed: 12/2/2002, Entered: 12/2/2002 |
Order |
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ORDER by Mag Judge Morton Sitver that Plaintiff shall have until 1/20/03 within which to file a Response to Motion for partial Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona [55-1], together with supporting affidavits or other appropriate exhibits and a separate Statement of Facts; Defendants shall have until 2/20/03 to file a reply (cc: all counsel) (SAT)
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| 58 |
Filed: 12/2/2002, Entered: 12/4/2002, Terminated: 12/12/2002 |
Motion for Extension of Time |
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MOTION for Extension of Time (30 days) to File Joint Pretrial Order by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona [58-1] (SAT)
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| 59 |
Filed: 12/12/2002, Entered: 12/12/2002 |
Order |
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ORDER by Mag Judge Morton Sitver granting Motion for Extension of Time (30 days) to File Joint Pretrial Order by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona [58-1]; The parties shall file their joint pretrial order 30 days after the Court rules on Defendants' motion for summary judgment (cc: all counsel) (SAT)
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| 60 |
Filed: 1/23/2003, Entered: 1/24/2003, Terminated: 1/30/2003 |
Motion for Extension of Time |
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MOTION for Extension of Time to File Response to Defendants' Motion for Summary Judgment by pla [60-1] (SAT)
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| 61 |
Filed: 1/24/2003, Entered: 1/29/2003 |
Response to Motion |
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RESPONSE by dfts to Motion for Extension of Time to File Response to Defendants' Motion for Summary Judgment by pla [60-1] (SAT)
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| 62 |
Filed: 1/27/2003, Entered: 2/10/2003, Terminated: 3/7/2003 |
Motion for Summary Judgment |
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CROSS-MOTION for Summary Judgment by pla [62-1] and RESPONSE to Motion for partial Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona [55-1] by pla (SAT)
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| 63 |
Filed: 1/27/2003, Entered: 1/29/2003 |
Statement |
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STATEMENT OF FACTS by pla re Response to [62-1], Motion for partial Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona [55-1] (SAT)
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| 64 |
Filed: 1/27/2003, Entered: 1/29/2003 |
Exhibit |
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EXHIBITS to Statement of Facts [63-1] in support of Response to [62-1] Motion for partial Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona [55-1] by pla (SAT)
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| 65 |
Filed: 1/27/2003, Entered: 1/29/2003 |
Declaration |
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DECLARATION of Tad A.L. Mason in Response to [62-1], Motion for partial Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona [55-1] by pla (SAT)
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| 66 |
Filed: 1/30/2003, Entered: 1/30/2003 |
Order |
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ORDER by Mag Judge Morton Sitver that Plaintiff's Motion for Extension to File Response to Defendants' Motion Summary Judgment [60-1] is GRANTED. Plaintiff's response filed 1/27/03 shall be deemed timely filed, and Defendants shall submit a reply accordingly (cc: all counsel) (SAT)
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| 67 |
Filed: 2/7/2003, Entered: 2/10/2003 |
Reply to Response to Motion |
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REPLY by dfts to response to Motion for partial Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell by dft J Frank Luna, dft Charles Martin, dft Gilbert Carmona [55-1] (SAT)
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| 67 |
Filed: 2/7/2003, Entered: 2/10/2003 |
Response to Motion |
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RESPONSE by dfts to Cross-Motion for Summary Judgment by pla [62-1] (SAT)
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| 68 |
Filed: 2/7/2003, Entered: 2/10/2003 |
Statement |
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Controverting STATEMENT OF FACTS by dfts re reply to response to motion [67-1], response to motion [67-1] (SAT)
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| 69 |
Filed: 2/19/2003, Entered: 2/21/2003 |
Motion for Leave to File Excess Pages |
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MOTION (titled "for Court to Accept all 23 Pages of Plaintiff's Response) to exceed the page limit for Plaintiff's Response to Defendants' Motion for Summary Judgment (already on the docket as [62-1] by pla [69-1] (SAT)
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| 70 |
Filed: 2/19/2003, Entered: 2/21/2003 |
Reply to Response to Motion |
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REPLY by pla to response to Motion for Summary Judgment by pla [62-1] (SAT)
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| 71 |
Filed: 2/19/2003, Entered: 2/21/2003 |
Objection |
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OBJECTION to Defendants' Assertion that Plaintiff Admitted Facts by pla Tad AL Mason (SAT)
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| 72 |
Filed: 3/7/2003, Entered: 3/7/2003 |
Order |
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ORDER by Mag Judge Morton Sitver that Plaintiff's Motion (titled "for Court to Accept all 23 Pages of Plaintiff's Response) to exceed the page limit for Plaintiff's Response to Defendants' Motion for Summary Judgment (already on the docket as [62-1] by pla [69-1] is GRANTED (cc: all counsel) (SAT)
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| 73 |
Filed: 3/10/2003, Entered: 3/10/2003 |
Order |
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ORDER by Judge Susan R. Bolton withdrawing the reference to the Mag Judge as to motion for Summary Judgment by pla [62-1] only; before Judge Susan R. Bolton (cc: all counsel/MS/Pro Se) (OK to fix document number per District Judge's Chambers) (LAD)
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| 74 |
Filed: 3/26/2003, Entered: 3/26/2003 |
Order |
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ORDER by Judge Susan R. Bolton withdrawing the reference of this case to the Mag Judge as to Defendant's Partial Motion for Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell [55-1]; before Judge Susan R. Bolton only; All other matters shall remain with the Magistrate Judge Sitver for disposition as appropriate (cc: all counsel) (SAT)
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| 75 |
Filed: 7/3/2003, Entered: 7/3/2003 |
Order |
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ORDER by Judge Susan R. Bolton GRANTING the Defendants' Motion for partial Summary Judgment re Plaintiff's claims that they violated his constitutional rights by restraining him whenever he left his cell [55-1] and DENYING the Plaintiff's Cross-Motion for Summary Judgment [62-1]; FURTHER ORDERED the Clerk of the Court shall enter judgment in favor of the Defendants case terminated (cc: all counsel) (SAT)
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| 76 |
Filed: 7/3/2003, Entered: 7/3/2003 |
Judgment |
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JUDGMENT: that the Court has granted the Defendant's Motion for Summary Judgment, therefore, the Plaintiff shall take nothing. This complaint and action are hereby dismissed. (cc: all counsel) re: judgment [76-1] (SAT)
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| 77 |
Filed: 7/15/2003, Entered: 7/15/2003, Terminated: 12/9/2003 |
Notice of Appeal |
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NOTICE OF APPEAL by pla Tad AL Mason from District Court judgment [76-1], order filed [75-2] (cc: 9CCA/All Counsel/judge) (TLJ)
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| -- |
Filed: 7/17/2003, Entered: 7/17/2003 |
Certificate of Record |
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Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [77-1] (REW)
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| -- |
Filed: 7/17/2003, Entered: 7/17/2003 |
Notice of Appeal - Notification Form |
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APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [77-1] (REW)
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Filed: 7/30/2003, Entered: 7/30/2003 |
USCA Case Number |
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Notification by 9th Circuit of Appellate Docket Number 03-16334 re NOTICE OF APPEAL [77-1] (REW)
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| 78 |
Filed: 7/31/2003, Entered: 7/31/2003 |
Order |
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Certified Copy of ORDER by Judge Susan R. Bolton as requested by the Ninth Circuit finding the appeal is not taken in good faith; pla's evidence was plainly insufficient to sustain a claim of deprivation of constitutional rights by prison officials, re: appeal [77-1] (cc: all counsel) (original sent to Ninth Circuit) (REW)
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| 79 |
Filed: 11/6/2003, Entered: 11/6/2003 |
Order of 9th Circuit |
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Copy of 9th Circuit Order; appellant not entitled to in forma pauperis status for this appeal; within 21 days appellant shall pay fees to district court and file proof of payment with this court; failure to pay fees will result in the automatic dismissal of the appeal by clerk for failure to prosecute; if appellant pays fees and files proof of payment, appellant shall simultaneously show cause why the judgment challenged in this appeal should not be summarily affirmed; if appellant pays fees but fails to file a response to this order, clerk shall dismiss this appeal for failure to prosecute; briefing suspended pending further order of this court, re: 03-16334 [77-1] (cc: judge/finance) (REW)
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| 80 |
Filed: 12/9/2003, Entered: 12/9/2003 |
Mandate of 9th Circuit |
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CERTIFIED COPY of 9th Circuit Mandate dismissing the appeal for failure to prosecute, re: 03-16334 [77-1] (cc: all counsel/judge) (REW)
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