9D3EF75 v. C&PR et al

Federal Civil Lawsuit California Eastern District Court, Case No. 2:17-cv-00382
District Judge Troy L. Nunley, presiding
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District Judge Troy L. Nunley
Last Updated July 28, 2025 at 2:03 PM EDT (9.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [9D3EF75], Plaintiff
v.
No Logo Anonymized Party [95CE8C0], Defendant

Represented by California Department of State Hospitals

Name Phone Fax E-Mail
Space Joseph R. Wheeler +1 916 322 8152 +1 916 324 5205 joseph.wheeler@doj.ca.gov
No Logo C&PR, Defendant
No Logo Champion, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joseph R. Wheeler +1 916 322 8152 +1 916 324 5205 joseph.wheeler@doj.ca.gov
Attributes
Nature of Suit 550 - Prisoner Petitions: Civil Rights
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Anonymization By SCALES
Timeline
  Entries (74) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 53 Filed: 2/27/2019, Entered: 3/1/2019
USCA ORDER as to 48 Notice of Appeal DISMISSING Appeal for failure to prosecute. (Mena-Sanchez, L)
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Blank  Filed: 9/13/2018, Entered: 9/13/2018
SERVICE BY MAIL: 52 Order served on 9D3EF75. (Henshaw, R)
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Legal Document (Payment Possibly Required) 52 Filed: 9/13/2018, Entered: 9/13/2018 Court Filing
ORDER signed by Magistrate Judge Kendall J. Newman on 9/13/2018 FINDING 48 Notice of Appeal by Plaintiff is taken in good faith. (cc: USCA) (Henshaw, R)
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Legal Document (Payment Possibly Required) 51 Filed: 9/10/2018, Entered: 9/11/2018
REFERRAL NOTICE of USCA - This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith.(Becknal, R)
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Blank 50 Filed: 9/7/2018, Entered: 9/7/2018
USCA CASE NUMBER 18-16682 for 48 Notice of Appeal filed by 9D3EF75. (York, M)
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Blank  Filed: 9/5/2018, Entered: 9/5/2018
SERVICE BY MAIL: 49 Appeal Processed to USCA served on 9D3EF75. (Zignago, K.)
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Legal Document (Payment Possibly Required) 49 Filed: 9/5/2018, Entered: 9/5/2018
APPEAL PROCESSED to Ninth Circuit re 48 Notice of Appeal filed by 9D3EF75. Notice of Appeal filed *8/30/2018*, Complaint filed *2/21/2017* and Appealed Order / Judgment filed *8/14/2018*. ** *Fee Status: IFP Granted on 4/10/2017* (Attachments: # 1 Appeal Information) (Zignago, K.)
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Legal Document (Payment Possibly Required) 48 Filed: 8/30/2018, Entered: 8/31/2018
NOTICE of APPEAL by 9D3EF75 as to 45 Order Adopting Findings and Recommendations and 46 Judgment. (Zignago, K.)
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Blank  Filed: 8/17/2018, Entered: 8/17/2018
RE-SERVICE BY MAIL: 45 Order Adopting Findings and Recommendations,, Order on Motion for Judgment,, Findings and Recommendations (Order), 46 Judgment served on 9D3EF75 to updated address. (Plummer, M)
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Legal Document (Payment Possibly Required) 47 Filed: 8/15/2018, Entered: 8/16/2018
NOTICE of CHANGE of ADDRESS to PO Box 1050; Soledad CA 93960 by 9D3EF75. (Washington, S)
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Blank  Filed: 8/14/2018, Entered: 8/14/2018
SERVICE BY MAIL: 45 Order Adopting Findings and Recommendations, 46 Judgment served on 9D3EF75. (Reader, L)
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Legal Document (Payment Possibly Required) 46 Filed: 8/14/2018, Entered: 8/14/2018 Court Filing
JUDGMENT dated *8/14/2018* pursuant to order, signed by District Judge Troy L. Nunley on 8/13/2018. (Reader, L)
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Legal Document (Payment Possibly Required) 45 Filed: 8/14/2018, Entered: 8/14/2018 Court Filing
ORDER signed by District Judge Troy L. Nunley on 8/13/2018 FINDINGS AND RECOMMENDATIONS 39 are ADOPTED in FULL; Defendants' 30 Motion for Judgment on the Pleadings is GRANTED; and this action is DISMISSED with prejudice. CASE CLOSED (Reader, L)
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Blank  Filed: 3/20/2018, Entered: 3/20/2018
SERVICE BY MAIL: 44 Order on Motion served on 9D3EF75. (Yin, K)
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Legal Document (Payment Possibly Required) 44 Filed: 3/20/2018, Entered: 3/20/2018 Court Filing
ORDER signed by Magistrate Judge Kendall J. Newman on 3/20/2018 DENYING without prejudice plaintiff's 42 motion for the appointment of counsel and for the production of documents. (Yin, K)
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Blank  Filed: 3/16/2018, Entered: 3/16/2018
SERVICE BY MAIL: 43 Order on Motion for Extension, served on 9D3EF75. (Plummer, M)
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Legal Document (Payment Possibly Required) 43 Filed: 3/16/2018, Entered: 3/16/2018 Court Filing
ORDER signed by Magistrate Judge Kendall J. Newman on 03/16/18 GRANTING 41 Motion for Extension of time. Plaintiff is granted 30 days from the date of this order in which to file his objections to the findings and recommendations. Defendants' reply, if any, shall be filed within 7 days thereafter. (Plummer, M)
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Legal Document (Payment Possibly Required) 42 Filed: 3/12/2018, Entered: 3/14/2018
MOTION to APPOINT COUNSEL by 9D3EF75. (Zignago, K.)
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Legal Document (Payment Possibly Required) 41 Filed: 3/12/2018, Entered: 3/14/2018
MOTION for EXTENSION OF TIME to file objections to 39 Findings and Recommendations by 9D3EF75. (Zignago, K.)
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Blank  Filed: 3/5/2018, Entered: 3/5/2018
RE-SERVICE BY MAIL: 39 Findings and Recommendations served on 9D3EF75, at California State Prison, Sacramento, P.O. Box 290066, Represa 95671. (York, M)
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Legal Document (Payment Possibly Required) 40 Filed: 3/5/2018, Entered: 3/5/2018
NOTICE of CHANGE of ADDRESS to California State Prison, Sacramento, P.O. Box 290066, Represa 95671 by 9D3EF75. (York, M)
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Blank  Filed: 2/26/2018, Entered: 2/26/2018
SERVICE BY MAIL: 39 Findings and Recommendations served on 9D3EF75. (Henshaw, R)
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Legal Document (Payment Possibly Required) 39 Filed: 2/26/2018, Entered: 2/26/2018 Court Filing
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/26/2018 RECOMMENDING 30 Motion for Judgment on the Pleadings be granted and this action be dismissed with prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Blank  Filed: 2/16/2018, Entered: 2/16/2018
SERVICE BY MAIL: 38 Amended Order Reassigning Retired or Senior District Judge, served on 9D3EF75. (Donati, J)
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Legal Document (Payment Possibly Required) 38 Filed: 2/16/2018, Entered: 2/16/2018 Court Filing
AMENDED ORDER REASSIGNING CASE signed by Chief Judge Lawrence J. O'Neill: Due to the senior status of District Judge *Garland E. Burrell, Jr. *, this action is reassigned to *District Judge Troy L. Nunley* for all further proceedings. [Pursuant to 23 Related Case Order] (Donati, J)
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Blank  Filed: 2/15/2018, Entered: 2/15/2018
SERVICE BY MAIL: 37 Order served on 9D3EF75. (Fabillaran, J)
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Legal Document (Payment Possibly Required) 37 Filed: 2/15/2018, Entered: 2/15/2018 Court Filing
ORDER REASSIGNING CASE signed by Chief Judge Lawrence J. O'Neill: Due to the senior status of District Judge *Garland E. Burrell, Jr.*, this action is reassigned to *District Judge Kimberly J. Mueller* for all further proceedings. (Fabillaran, J)
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Legal Document (Payment Possibly Required) 36 Filed: 1/5/2018, Entered: 1/8/2018
PROPOSED RESOLUTION OF PENDING CASES by 9D3EF75 (Hunt, G)
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Blank  Filed: 12/12/2017, Entered: 12/12/2017
SERVICE BY MAIL: 35 Order on Motion to Vacate, served on 9D3EF75. (Plummer, M)
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Legal Document (Payment Possibly Required) 35 Filed: 12/12/2017, Entered: 12/12/2017 Court Filing
ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/17 GRANTING 34 Motion to Vacate or Modify the Discovery and Scheduling Order. The deadlines set in the August 29, 2017 revised scheduling order 29 are vacated pending resolution of defendants motion for judgment on the pleadings. Once the court rules on the pending motion for judgment on the pleadings, the court will issue an amended discovery and scheduling order if appropriate. (Plummer, M)
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Legal Document (Payment Possibly Required) 34 Filed: 12/8/2017, Entered: 12/8/2017
MOTION to VACATE or Modify the Discovery and Scheduling Order by Champion, 95CE8C0. (Attachments: # 1 Points and Authorities, # 2 Declaration of Joseph R. Wheeler, # 3 Proposed Order)(Wheeler, Joseph) Modified on 12/11/2017 (Plummer, M).
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Legal Document (Payment Possibly Required) 33 Filed: 12/1/2017, Entered: 12/1/2017
REPLY by Champion, 95CE8C0 to RESPONSE to 30 Motion for Judgment on the pleadings. (Wheeler, Joseph)
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Legal Document (Payment Possibly Required) 32 Filed: 11/22/2017, Entered: 11/27/2017
OPPOSITION by Plaintiff 9D3EF75 to 30 Motion for Judgment. (Fabillaran, J)
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Blank  Filed: 11/1/2017, Entered: 11/1/2017
SERVICE BY MAIL: 31 Order served on 9D3EF75. (Yin, K)
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Legal Document (Payment Possibly Required) 31 Filed: 11/1/2017, Entered: 11/1/2017 Court Filing
ORDER signed by Magistrate Judge Kendall J. Newman on 11/1/2017 ORDERING, within 30 days, plaintiff shall file an opposition, if any, to the 30 motion for judgment on the pleadings. (Yin, K)
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Legal Document (Payment Possibly Required) 30 Filed: 9/21/2017, Entered: 9/21/2017
MOTION for Judgment on the Pleadings by Champion, 95CE8C0. (Attachments: # 1 Points and Authorities , # 2 Declaration of Service)(Wheeler, Joseph) Modified on 9/22/2017 (Plummer, M). Modified on 9/22/2017 (Plummer, M).
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Blank  Filed: 8/29/2017, Entered: 8/29/2017
SERVICE BY MAIL: 29 Order Lifting Stay, served on 9D3EF75. (Reader, L)
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Legal Document (Payment Possibly Required) 29 Filed: 8/29/2017, Entered: 8/29/2017 Court Filing
ORDER LIFTING STAY signed by Magistrate Judge Kendall J. Newman on 8/28/2017 ORDERING the Stay of this action is LIFTED; the deadlines set in the 7/13/2017 discovery and scheduling order are EXTENDED: Discovery due by 12/11/2017; all request for discovery must be served no later than 10/13/2017; any motion to amend by 12/11/2017; and Dispositive Motions filed by 3/2/2018; in all other respects the 7/13/2017 order remains in effect. (Reader, L)
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Blank 28 Filed: 8/23/2017, Entered: 8/24/2017 Court Filing
MINUTES (Text Only)for SETTLEMENT CONFERENCE held before Magistrate Judge Kendall J. Newman on 8/23/2017: CASE NOT SETTLED. Plaintiffs Counsel Pro Se present. Defendants Counsel Joseph Wheeler present. (Streeter, J)
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Legal Document (Payment Possibly Required) 27 Filed: 8/16/2017, Entered: 8/16/2017 Court Filing
NOTICE RE: JUDGE ELECTION FOR SETTLMENT CONFERENCE (Post-Screening ADR Project) requesting the assigned Magistrate Judge participate in the settlement conference by Plaintiff 9D3EF75. (Hunt, G)
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Legal Document (Payment Possibly Required) 26 Filed: 8/15/2017, Entered: 8/15/2017 Court Filing
NOTICE RE: JUDGE ELECTION FOR SETTLMENT CONFERENCE (Post-Screening ADR Project) requesting the assigned Magistrate Judge participate in the settlement conference by Defendants Champion, 95CE8C0. (Wheeler, Joseph)
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Legal Document (Payment Possibly Required) 25 Filed: 8/10/2017, Entered: 8/10/2017
DOCUMENT(S) SERVED ELECTRONICALLY: Complaint 1 served on Monica Anderson, Attorney General. (Attachments: # 1 Screening Order 7 ) (Plummer, M)
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Blank  Filed: 8/10/2017, Entered: 8/10/2017
SERVICE BY MAIL: 24 Order Referring Case to Post-Screening ADR Project,, served on 9D3EF75. (Plummer, M)
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Legal Document (Payment Possibly Required) 24 Filed: 8/10/2017, Entered: 8/10/2017 Court Filing
ORDER AND ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 08/10/17 ordering plaintiff's motion to stay 19 is denied as unnecessary. This case is set for settlement conference at 8/23/17 at 9:00 a.m. in courtroom 25 before Magistrate Judge Kendall J. Newman. Plaintiff's motion to consolidate 22 is denied without prejudice. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Monica Anderson. (cc: Monica Anderson) . (Plummer, M) Modified on 8/17/2017 (Plummer, M). Modified on 8/17/2017 (Plummer, M). Modified on 8/17/2017 (Plummer, M).
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Blank  Filed: 8/8/2017, Entered: 8/8/2017
SERVICE BY MAIL: 23 Order Reassigning Case served on 9D3EF75. (Yin, K)
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Legal Document (Payment Possibly Required) 23 Filed: 8/8/2017, Entered: 8/8/2017 Court Filing
RELATED CASE ORDER signed by Magistrate Judge Kendall J. Newman on 8/8/2017 ORDERING the action denominated as 2:17-cv-0382 GEB EFB is REASSIGNED to Magistrate Judge Kendall J. Newman for all further proceedings, and any dates currently set in the reassigned case 2:17-cv-0382, only are hereby vacated. Henceforth the caption on documents filed in the reassigned case shall be shown as case no. 2:17-cv-0382 GEB KJN. The Clerk shall add US District Judge Garland E. Burrell to case 2:17-cv-0099 KJN. The Clerk shall make the appropriate adjustments in the assignment of civil cases to compensate for this reassignment. (cc: EFB) (Yin, K)
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Legal Document (Payment Possibly Required) 22 Filed: 7/25/2017, Entered: 7/25/2017
MOTION to Consolidate by Champion, 95CE8C0. (Attachments: # 1 Points and Authorities, # 2 Declaration of Joseph R. Wheeler)(Wheeler, Joseph)
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Blank  Filed: 7/21/2017, Entered: 7/21/2017
SERVICE BY MAIL: 21 Clerk's Notice served on 9D3EF75. (Henshaw, R)
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Blank 21 Filed: 7/21/2017, Entered: 7/21/2017 Court Filing
CLERK'S NOTICE (text only): Pursuant to the 20 Decline to Jurisdiction of U.S. Magistrate Judge filed, this case has been randomly assigned to U.S. District Judge Garland E. Burrell, Jr.; Magistrate Judge Edmund F. Brennan remains the Magistrate Judge assigned. The case number on all future filings shall be: 2:17-cv-00382-GEB-EFB. (Henshaw, R)
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Legal Document (Payment Possibly Required) 20 Filed: 7/20/2017, Entered: 7/20/2017
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Champion, 95CE8C0. (Attachments: # 1 Proof of Service)(Wheeler, Joseph)
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Legal Document (Payment Possibly Required) 19 Filed: 7/19/2017, Entered: 7/20/2017
MOTION to STAY by 9D3EF75. (Nguyen, K)
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Blank  Filed: 7/13/2017, Entered: 7/13/2017
SERVICE BY MAIL: 18 Discovery and Scheduling Order served on 9D3EF75. (Henshaw, R)
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Legal Document (Payment Possibly Required) 18 Filed: 7/13/2017, Entered: 7/13/2017 Court Filing
DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Edmund F. Brennan on 7/12/2017. Discovery due by 11/10/2017. Dispositive Motions filed by 2/2/2018. (Henshaw, R)
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Legal Document (Payment Possibly Required) 17 Filed: 7/11/2017, Entered: 7/11/2017
ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by Champion, 95CE8C0. (Wheeler, Joseph)
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Legal Document (Payment Possibly Required) 16 Filed: 6/21/2017, Entered: 6/21/2017
NOTICE of RELATED CASE 2:17-cv-00099 by Champion, 95CE8C0. Attorney Wheeler, Joseph R. added. (Wheeler, Joseph)
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Legal Document (Payment Possibly Required) 15 Filed: 6/19/2017, Entered: 6/20/2017
NOTICE of CHANGE of ADDRESS to P.O. Box 409020, Ione, CA 95640 by 9D3EF75. (Nguyen, K)
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Legal Document (Payment Possibly Required) 14 Filed: 6/15/2017, Entered: 6/16/2017
WAIVER of SERVICE RETURNED EXECUTED: Champion sent on 5/17/2017. (Nguyen, K)
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Legal Document (Payment Possibly Required) 13 Filed: 6/5/2017, Entered: 6/6/2017
WAIVER of SERVICE RETURNED EXECUTED: 95CE8C0 Waiver sent on 6/5/2017. (Hunt, G)
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Legal Document (Payment Possibly Required) 12 Filed: 5/15/2017, Entered: 5/15/2017 Court Filing
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Edmund F. Brennan on 5/15/2017. Consent or Decline due by 6/19/2017. (Henshaw, R)
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Blank  Filed: 5/15/2017, Entered: 5/15/2017
SERVICE BY MAIL: 11 Order and Local Rules served on 9D3EF75. 3 Summons, 2 USM-285 forms, 3 copies of 1 Complaint, 3 Consent forms, and 3 copies of 11 Order to the US Marshal. (Henshaw, R)
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Legal Document (Payment Possibly Required) 11 Filed: 5/15/2017, Entered: 5/15/2017 Court Filing
ORDER signed by Magistrate Judge Edmund F. Brennan on 5/15/2017 DIRECTING USM to serve * complaint * filed on * 2/21/2017* on * Champion and M. Wright*. The USM to notify defendants Champion and 95CE8C0 within 14 days from the date of this order. (Henshaw, R)
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Legal Document (Payment Possibly Required) 10 Filed: 5/10/2017, Entered: 5/11/2017
NOTICE OF SUBMISSION OF DOCUMENTS: 1 Summons, 2 USM-285 Forms, and 3 copies of the complaint by 9D3EF75. (Nguyen, K)
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Legal Document (Payment Possibly Required) 9 Filed: 4/10/2017, Entered: 4/10/2017
DOCUMENT(S) SERVED ELECTRONICALLY: IFP served on Director of CDCR pursuant to 8 Order Directing Prisoner Payment. (Yin, K)
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Blank  Filed: 4/10/2017, Entered: 4/10/2017
SERVICE BY MAIL: 7 , 8 Orders along with 1 Summons, 2 USM-285 Forms, an instruction sheet and 1 copy of the 2/21/2017 complaint served on 9D3EF75. (Yin, K)
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Legal Document (Payment Possibly Required) 8 Filed: 4/10/2017, Entered: 4/10/2017 Court Filing
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of 9D3EF75 signed by Magistrate Judge Edmund F. Brennan on 4/10/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
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Legal Document (Payment Possibly Required) 7 Filed: 4/10/2017, Entered: 4/10/2017 Court Filing
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/10/2017 GRANTING plaintiff's 2 request to proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order. Service is appropriate for Champion and 95CE8C0. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. (Yin, K)
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Legal Document (Payment Possibly Required) 6 Filed: 3/6/2017, Entered: 3/6/2017
CONSENT to JURISDICTION of US MAGISTRATE JUDGE by 9D3EF75. (Jackson, T)
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Legal Document (Payment Possibly Required) 5 Filed: 2/23/2017, Entered: 2/24/2017
PRISONER TRUST FUND ACCOUNT STATEMENT by 9D3EF75 (Reader, L)
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Blank  Filed: 2/23/2017, Entered: 2/23/2017
SERVICE BY MAIL: 4 Notice re TRUST STATEMENT NEEDED, served on 9D3EF75. (Dillon, M)
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Blank 4 Filed: 2/23/2017, Entered: 2/23/2017
CLERKS NOTICE: The Clerk of Court is in receipt of a Motion to Proceed in Forma Pauperis. The California Department of Corrections and Rehabilitation is DIRECTED to submit a Certified Prison Trust account statement for 9D3EF75, CDC G-51247 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account statement must reflect the activity for the last six months. Please email the certified prison trust account statement in pdf format to FilingsSacramento@caed.uscourts.gov with the case number in the subject line as reflected on this notification. (Dillon, M)
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Blank  Filed: 2/22/2017, Entered: 2/22/2017
SERVICE BY MAIL: 3 Prisoner New Case Documents for Magistrate Judge as Presider served on 9D3EF75. (Kastilahn, A)
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Legal Document (Payment Possibly Required) 3 Filed: 2/22/2017, Entered: 2/22/2017
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/27/2017. (Attachments: # 1 Order re Consent) (Kastilahn, A)
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Legal Document (Payment Possibly Required) 2 Filed: 2/21/2017, Entered: 2/22/2017
MOTION to PROCEED IN FORMA PAUPERIS by 9D3EF75. (Kastilahn, A)
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Legal Document (Payment Possibly Required) 1 Filed: 2/21/2017, Entered: 2/22/2017
PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by 9D3EF75.(Kastilahn, A)
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