Case: Johnson v. Woodford

U.S. Court of Appeals for the Ninth Circuit

REQUEST to Proceed without Prepayment of Filing Fees, Declaration in Support filed by plaintiff George I Johnson. (jag, ) (Entered: 07/28/2004)

LODGED COMPLAINT fwd to Duty Magistrate Judge: CT. filed by plaintiff George I Johnson.(jag, )

ORDER by Judge Consuelo B. Marshall, DENYING REQUEST to Proceed without Prepayment of Filing Fees, Declaration in Support 1 . Recommended by Magistrate Judge Carolyn Turchin. (Made JS-6. Case Terminated.)(jag, ) (Entered: 08/06/2004)

RETURNED lodged complaint and copy of Order to plaintiff George I Johnson. (jag, )

REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff George I Johnson. (pbap, ) (Entered: 09/13/2004)

ORDER by Judge Consuelo B. Marshall, denying 3 Request for Leave to Proceed In Forma Pauperis. Recommended by Magistrate Judge Carolyn Turchin. (jag, ) (Entered: 10/01/2004)

DECLARATION IN SUPPORT OF REQUEST to Proceed without Prepayment of Filing Fees filed by plaintiff George I. Johnson. (gk, ) (Entered: 10/25/2004)

ORDER by Judge Carolyn Turchin,granting 5 Request for Leave to Proceed without Prepayment of Filing Fee. An initial partial filing fee of $12.00 must be paid within 30 days of the date this order is filed. Assigning Judge George H King. MADE JS-5. (jag, ) (Entered: 11/02/2004)

CIVIL RIGHTS COMPLAINT filed against defendant J Hackett, M P Monteiro, L Parker, Jeanne Woodford, Mike Yarborough pursuant to 42 USC Section 1983. Case assigned to Judge George H. King and referred to Magistrate Judge Carolyn Turchin. (Filing fee IFP Granted) filed by plaintiff George I Johnson.(jag, ) (Entered: 11/02/2004)

NOTICE OF REFERENCE TO A U.S. MAGISTRATE JUDGE. Pursuant to the provisions of the Local Rules, the within action has been assigned to the calendar of Judge George H. King and referred to Magistrate Judge Carolyn Turchin to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (jag, ) (Entered: 11/02/2004)

FINAL REPORT AND RECOMMENDATION by Magistrate Judge Carolyn Turchin filed. RE: Complaint(Prisoner Civil Rights), Complaint (Prisoner Civil Rights) 7 Objections to R&R due by 12/6/2004. (dam) (Entered: 11/15/2004)

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Carolyn Turchin.Objections to R&R due by 12/6/2004. (dam) (Entered: 11/15/2004)

FIRST AMENDED COMPLAINT against DEFENDANT J Hackett, M P Monteiro, L Parker, Jeanne Woodford, Mike Yarborough amending Complaint (Prisoner Civil Rights), Complaint (Prisoner Civil Rights) 7, filed by plaintiff George I Johnson.(dam) (Entered: 12/06/2004)

ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PAY INITIAL PARTIAL FILING FEE by Magistrate Judge Carolyn Turchin: Plaintiff has not complied with 28 USC Section 1915(b)(1) and is hereby ordered to show cause why this action should not be dismissed without prejudice for plaintiff's failure to pay the initial filing fee. Plaintiff may file a response to this Order to Show Cause no later than 20 days from the date of this order. (See document for further information)(dw, ) (Entered: 12/07/2004)

SECOND MEMORANDUM AND ORDER RECOMMENDING PLAINTIFF'S OPTIONS IN THIS ACTION On October 27, 2004, plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. ? 1983 after being granted leave to proceed without prepaying the filing fee. On November 10, 2004, the court issued a ?Memorandum and Order Recommending Plaintiff?s Options in This Action.? Therein the court set forth pleading guidelines to aid plaintiff if he chose to file a first amended complaint. On December 6, 2004, plaintiff filed a first amended complaint. Pursuant to statutory requirements, the court has conducted a review of plaintiff?s amended complaint. See 28 U.S.C. ? 1915, 1915A; 42 U.S.C. ? 1997e. The amended complaint is confusingly written and omits necessary elements, such as identification of the defendants being sued and the relief being sought. See Fed. R. Civ. P. 8. It is established that a pro se litigant must be given notice of the deficiencies of the complaint and an opportunity to amend the complaint to state a claim, unless it is absolutely clear the deficiencies of the complaint cannot be cured by amendment. Karim-Panahi v. Los Angeles Police Dept., 839 F.2d 621, 623 (9th Cir. 1988); Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987). Plaintiff is advised that he may elect one of three options: (1) File a second amended complaint on or before January 7, 2005, which cures the deficiencies identified herein and in the Memorandum and Order issued November 10, 2004. A copy of the previous Memorandum and Order is attached hereto for plaintiff?s reference. Also attached for plaintiff?s use is a blank copy of the civil rights complaint form used in the United States District Court for the Central District of California. Plaintiff is advised that if he uses the complaint form he may attach additional pages to it in order to fully state his claims. The second amended complaint should set forth all of the facts which support plaintiff?s claims and should not refer to the original complaint or the first amended complaint. The second amended complaint should be captioned ?SECOND AMENDED COMPLAINT,? and should bear this case number. The second amended complaint should clearly identify the specific acts on which each legal claim is based. It should include the date, time, place, and circumstances of the offending conduct, the full details of what each defendant did or failed to do, and the damage or injury suffered by plaintiff as a result. The second amended complaint should clearly identify the defendants sued and the relief sought. All of this information should appear in the complaint itself, not merely in attached exhibits. OR (2) File a document on or before January 7, 2005, captioned ?Response to the Magistrate Judge?s Second Memorandum and Order? bearing this case number, advising the court that plaintiff will not file a second amended complaint. OR (3) File no document. Plaintiff is cautioned that failure to timely file a second amended complaint or a response will be construed by the magistrate judge as his consent to dismissal of this action. Plaintiff is advised that if he elects option number two or three, the magistrate judge may recommend dismissal of this action by Judge Carolyn Turchin, re Amended Complaint 11 . (dam) (Entered: 12/17/2004)

RESPONSE to order to show cause re dismissal for failure to pay initial partial filing fee to REQUEST to Proceed In Forma Pauperis, Declaration in Support 3, REQUEST to Proceed without Prepayment of Filing Fees, Declaration in Support 5, REQUEST to Proceed without Prepayment of Filing Fees, declaration in Support 1 filed by plaintiff George I. Johnson. (dam) (Entered: 12/20/2004)

MINUTES OF IN CHAMBERS ORDER by Judge Carolyn Turchin: On December 7, 2004, the court issued an ?Order to Show Cause re Dismissal for Failure to Pay Initial Partial Filing Fee.? On December 20, 2004, plaintiff filed a ?Response? and certified prison trust account statement. These documents establish that plaintiff has not had access to funds, and thus has been unable to comply with the court?s prior order to pay an initial partial filing fee. Accordingly, the court hereby WITHDRAWS the Order to Show Cause. Plaintiff is reminded, however, that he remains responsible for paying the $150.00 filing fee. See 28 U.S.C. ? 1915. Tape #: na. (dam) (Entered: 12/28/2004)

NOTICE OF MOTION AND MOTION for Extension of Time to Amend second complaint Lodged Complaint, Complaint (Prisoner Civil Rights), Complaint (Prisoner Civil Rights) 7 filed by plaintiff George I Johnson. (dam) (Entered: 01/19/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Carolyn Turchin: RE: Order 13 The magistrate judge is in receipt of plaintiff's request for an extension of time to file a second amended complaint. The application is GRANTED. Plaintiff's second amended complaint is due on or before 2/8/05. Tape #: na. (dam) (Entered: 01/19/2005)

NOTICE OF MOTION AND MOTION for Extension of Time to Amended Complaint 11, In Chambers Order/Directive - no proceeding held,, Link Non-Motion Documents to Minutes, 17 filed by plaintiff George I. Johnson. (dam) (Entered: 02/15/2005)

NOTICE OF MOTION AND MOTION for Extension of Time to Amended Complaint 11 filed by plaintiff George I. Johnson. (dam) (Entered: 02/15/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Carolyn Turchin The court is in receipt of plaintiff?s second request for an extension of time in which to file a second amended complaint. Plaintiff?s request is GRANTED. The second amended complaint is due on or before March 10, 2005. All other aspects of the memorandum and order recommending plaintiff?s options in this action issued December 16, 2004, remain in effect RE: MOTION for Extension of Time to Amend Amended Complaint 11 19 . Tape #: na. (dam) (Entered: 02/15/2005)

NOTICE OF MOTION AND MOTION for TEMPORARY INJUNCTION, AND RESTRAINING ORDER WHILE CASE PENDING Ruling filed by PLAINTIFF George I Johnson. (dam) (Entered: 03/02/2005)

ORDER by Judge George H. King: denying 21 Motion for Ruling on MOTION for Ruling 21 . (dam) (Entered: 03/07/2005)

SECOND AMENDED COMPLAINT against DEFENDANT Jeanne Woodford, M P Monteiro, J Hackett, L Parker, Mike Yarborough amending Amended Complaint 11 filed by PLAINTIFF George I Johnson. (dam) (Entered: 03/15/2005)

ORDER by Judge Carolyn Turchin directing service of process by the United States Marshal, re Amended Complaint 23 . (dam) (Entered: 03/17/2005)

ORDER by Judge Carolyn Turchin order re service, re Amended Complaint 23, Order 24 . (dam) (Entered: 03/17/2005)

Letter from petitioner re USM-285 Service of S/C - Unexecuted 32, Waiver of Service Executed 33 . (dam) (Entered: 05/25/2005)

PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Complaint (Prisoner Civil Rights) 7 for M P Monteiro. (jp, ) (Entered: 05/23/2005)

WAIVER OF SERVICE OF SUMMONS Returned Executed filed by plaintiff George I Johnson. upon Michell Monteiro waiver sent by Plaintiff on 5/9/2005, answer due 7/8/2005. Waiver of Service signed by John F Bazan, Attorney for Defendant. (jp, ) (Entered: 05/23/2005)

PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Complaint (Prisoner Civil Rights) 7 for Lavelle Parker. (jp, ) (Entered: 05/23/2005)

WAIVER OF SERVICE OF SUMMONS Returned Executed filed by plaintiff George I Johnson. upon Lavelle Parker waiver sent by Plaintiff on 5/9/2005, answer due 7/8/2005. Waiver of Service signed by John F Bazan, Attorney for Defendant. (jp, ) (Entered: 05/23/2005)

PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Complaint (Prisoner Civil Rights) 7 for Jeanne Woodford, (C.D.C) Director of California Department of Corrections. (jp, ) (Entered: 05/23/2005)

WAIVER OF SERVICE OF SUMMONS Returned Executed filed by plaintiff George I Johnson. upon Jeanne Woodford, (C.D.C) Director of California Department of Corrections waiver sent by Plaintiff on 5/9/2005, answer due 7/8/2005. Waiver of Service signed by John F. Bazan, Attorney for Defendant. (jp, ) (Entered: 05/23/2005)

PROCESS RECEIPT AND RETURN (USM-285) unexecuted of summons and Complaint 7 for Michael Yarborough, California State Prison-LAC. (jp, ) (Entered: 05/23/2005)

WAIVER OF SERVICE OF SUMMONS Returned Executed filed by plaintiff George I Johnson. upon Michael Yarborough waiver sent by Plaintiff on 5/9/2005, answer due 7/8/2005. Waiver of Service signed by John F. Bazan, Attorney for Defendant. (jp, ) (Entered: 05/23/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Carolyn Turchin On May 16, 2005, the Court received from plaintiff an inquiry regarding service upon defendants. Plaintiff is advised that waivers of personal service were returned executed on May 18, 2005. The answer is due July 8, 2005. (See Fed. R. Civ. P. 4).Plaintiff is reminded that he must serve upon defendants? attorney a copy of every future pleading or other document submitted for consideration by the Court. (See Fed. R. Civ. P. 5). Plaintiff shall include with the original paper to be filed with the Clerk of the Court a certificate stating the date that a true and correct copy of the paper was mailed to defendants? attorney. Any paper received by a District Judge or Magistrate Judge which has not been filed with the Clerk of the Court or which fails to include a certificate of service will be disregarded by the Court:, RE: Letter 34 Tape #: na. (dam) (Entered: 05/25/2005)

PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Complaint (Prisoner Civil Rights) 7 for J Hackett. (jp, ) (Entered: 06/06/2005)

NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint by Mail returned Executed filed by plaintiff George I Johnson. upon James Hackett acknowledgment sent by Plaintiff on 4/26/2005, answer due 6/25/2005. Acknowledgment of Service signed by above defendant. (jp, ) (Entered: 06/06/2005)

ANSWER to the Second Amended Complaint 23 filed by defendants Jeanne Woodford, M P Monteiro, L Parker, Mike Yarborough.(jp, ) (Entered: 06/15/2005)

SCHEDULING ORDER by Judge Carolyn Turchin, Set Deadlines: Set deadlines: Discovery cut-off 9/19/2005. summary judgment cut-off date: 10/20/05; oppositions to summary judgment motions due by 11/10/2005. replies to oppositions to summary judgment motions due 11/18/05. (dam) (Entered: 06/16/2005)

MOTION for Discovery filed by plaintiff George I Johnson. (sbu, ) (Entered: 08/17/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Carolyn Turchin : Court is in recipt of plaintiff Motion for Discovery. Plaintiff is reminded that all litigians, including those appearing pro se, must comply with FRCP and the Local Rules for the Central district of CA and court orders. Plaintiff fails to comply with Local Rule 37. Plaintiff's motin is Denied. Tape #: none present. (sbu, ) (Entered: 08/17/2005)

MOTION for Discovery filed by plaintiff George I Johnson. (dam) (Entered: 09/27/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Carolyn Turchin RE: MOTION for Discovery 42 . Plaintiff's motion is DENIED without prejudice at this time. See document for further details. (yb, ) (Entered: 09/30/2005)

PROOF OF SERVICE filed by plaintiff George I Johnson, re Amended Complaint 23, was served on 9/20/05.(dam) (Entered: 10/21/2005)

MOTION for Temporary injunction and Restraining Order for Ruling filed by plaintiff George I Johnson. (dam) (Entered: 11/08/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Carolyn Turchin On November 15, 2004, the magistrate judge issued a memorandum and order recommending plaintiff?s options in this action. Attached to this memorandum and order was a notice of filing of magistrate judge?s report and recommendation. The notice was filed in error. No report and recommendation has been issued in this case. RE: MOTION for Temporary Restraining Order MOTION for Ruling 45 . Tape #: na.(dam) (Entered: 11/08/2005)

MOTION for Summary Judgment for claimant filed by plaintiff George I Johnson.(dam) (Entered: 11/22/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Carolyn Turchin by order issued 9/30/05, the court addressed a discovery dispute between the parties. Defendants were directed to file a joint stipulation or status report by 11/7/05. Defendants have not done so. The court hereby GRANTS defendants an extension of time throught and including 12/7/05, in which to comply with this court's prior order. RE: In Chambers Order/Directive - no proceeding held, Link Motions to Minutes 43, RE: MOTION for Discovery 42 . Tape #: na. (dam) (Entered: 11/22/2005)

ORDER by Judge Carolyn Turchin: striking 49 Motion for Summary Judgment. THE FOLLOWING DISCREPANCIES EXIST: Motion for summary judgment for claimant is premature; Statement of genuine issues of material fact lacking; Statement of uncontroverted facts and/or proposed judgment lacking. IT IS FURTHER ORDERED that the documents shall not be returned to the filing party; however, the clerk shall note on the case docket that the documents are stricken from the record.(dam) (Entered: 11/29/2005)

SUPPLEMENTAL ORDER REGARDING SUMMARY JUDGMENT MOTIONS 1. REVISED SUMMARY JUDGMENT CUT-OFF DATE: 2/6/06; 2. OPPOSITIONS TO SUMMARY JUDGMENT MOTIONS DUE: 2/26/06; REPLIES TO OPPOSITIONS TO SUMMARY JUDGMENT MOTIONS DUE: 3/7/06[SEE ORDER] by Judge Carolyn Turchin, re Scheduling Order,, Set Deadlines, Set Deadlines/Hearings 39, Resetting Deadline as to Scheduling Order, Set Deadlines, Set Deadlines/Hearings 39 . (dam) (Entered: 11/29/2005)

Defendants' STATUS REPORT filed by Defendants Jeanne Woodford, M P Monteiro, L Parker, Mike Yarborough. (shb, ) (Entered: 12/15/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Carolyn Turchin [SEE MINUTE ORDER] the courtis in receipt of the status report filed by defendants on 12/7/05. Therein defendants state that although plaintiff has informally requested discovery materials from them, he has never propounded interrogatories. While the court agrees that plaintiff has not formallypropounded interrogatories, the court observes that he is pro se and liberally construes his requests as propounding interrogatories. However, since defendants have agreed to "obtain from CDCR for plaintiff his medical and central file records and provide them to him... by 1/7/06," it is not necessary to submit a joint stipulation with respect to this discovery dispute. Defendants are ORDERED to comply with their representation. the court concludes that plaintiff is not entitled to the other discovery he requests for the reasons stated by defendants in their status report. RE: Status Report 52 . Tape #: NA. (dam) (Entered: 12/22/2005)

MINUTES by Judge George H. King; On 11/29/05 Judge Turchin issued an order rejecting plaintiffs purported motion for summary judgment for failure to comply with the LR. Said order also extended the time in which the parties may file summary judgment motions. That deadline has now passed and neither side has filed any dispositive motions. Within 14 days hereof, plaintiff and counsel for defendants shall state in writing affirmatively whether he/they intend to file a motion for summary judgment. If so, he/they shall state why such motion has not been filed within Judge Turchins deadline and when such motion in full compliance with the LR will be filed. Within 14 days hereof, defendants counsel shall set up a telephone conference with plaintiff during which they shall in good faith discuss the possibility of settlement of this action without the need for further litigation. Within 48 hours of conclusion of such discussion, parties shall file a joint status report with the Court setting forth the status of the case the likelihood of settlement and the length of time the parties expended on settlement discussions. (see document for further details)Court Reporter: n/a. (jag, ) (Entered: 02/27/2006)

RESPONSE filed by Defendants Jeanne Woodford, M P Monteiro, J Hackett, L Parker, Mike Yarborough to 2/24/06 Court order 54 (jag, ) (Entered: 03/14/2006)

MINUTES by Judge George H. King; Court has reviewed defendants Response to Courts order 55 filed 3/9/06. Counsel are hereby ordered to file a joint status report within 30 days hereof. Court Reporter: n/a. (jag, ) (Entered: 03/17/2006)

MOTION for Summary Judgment for Claimant filed by plaintiff George I Johnson. (lw, ) (Entered: 03/30/2006)

Letter from Plaintiff George I. Johnson re MOTION for Summary Judgment 57 (lw, ) (Entered: 03/30/2006)

MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Carolyn Turchin : It is ORDERED that no later than 4/17/2006, defendants shall file either (1) an opposition to the motion for summary judgment, or (2) a proposed stipulated order for dismissal of the case due to settlement. It is further ORDERED that plaintiff shall have through and including 4/25/2006 in which to file a reply if defendants file an opposition to the motion for summary judgment. The motion shall stand submitted without oral argument unless the court orders otherwise. RE: MOTION for Summary Judgment 57 (lw, ) (Entered: 04/03/2006)

EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File filed by defendant Jeanne Woodford, M P Monteiro, J Hackett, L Parker, Mike Yarborough. Lodged [proposed] order. (dam) (Entered: 04/27/2006)

ORDER by Judge Carolyn Turchin, re EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File 60 . IT IS SO ORDERED. cOUNSEL IS CAUTIONED THAT ALL FUTHER REQUESTS FOR EXTENSIONS OF TIME MUST BE SOUIGHT PRIOR TO THE DUE DATE OF THE DOCUMENT. ORDER EXTENDING DUE DATE OF PLAINTIFF'S REPLY TO 5/8/06. (dam) (Entered: 05/02/2006)

OPPOSITION to MOTION for Summary Judgment 57 filed by defendants Jeanne Woodford, M P Monteiro, L Parker, Mike Yarborough. (jag, ) (Entered: 05/08/2006)

Motion for Entry of Default against defendant Jeanne Woodford, M P Monteiro, J Hackett, L Parker, Mike Yarborough filed by plaintiff George I Johnson.(dam) (Entered: 05/02/2006)

MINUTES OF IN CHAMBERS ORDER held before Judge Carolyn Turchin: on 5/1/06, plaintiff filed a document captiones "motion for default," which pertained to defendants' filing of an opposition. Plaointiff's motion is hereby DENIED. As set forth in the order issued 4/27/06, defendants were granted an enlargement of time and filed their opposition on that date. Plaintiff is hereby GRANTED an extension of time through and including 5/18/06, in which to file a reply to defendants' opposition. RE:Motion for Entry of Default against defendantJeanne Woodford, M P Monteiro, J Hackett, L Parker, Mike Yarborough 62 . Tape #: na. (dam) (Entered: 05/08/2006)

MOTION for Extension of Time to File Response/Reply as to Response in Opposition to Motion 64, Response (non-motion) 55 filed by PLAINTIFF George I Johnson.(dam) (Entered: 05/26/2006)

MINUTES OF IN CHAMBERS ORDER held before Judge Carolyn Turchin the court is in receipt of plaintiff's motion for an extension of time to file a reply. the motion is GRANTED. Plaintiff is hereby GRANTED an extension of time through and including 5/28/06, in which to file a reply to defendants' opposition. RE: MOTION for Extension of Time to File Response/Reply as to Response in opposition to Motion 64, Response (non-motion) 55 65 . Tape #: NA.(dam) (Entered: 05/26/2006)

REPLY to defendant's opposotion to plaintiff's motion for summary judgment response to Motion for Entry of Default against defendantJeanne Woodford, M P Monteiro, J Hackett, L Parker, Mike Yarborough 62, MOTION for Summary Judgment 57 filed by plaintiff George I Johnson.(dam) (Entered: 06/01/2006)

REPORT AND RECOMMENDATION issued by Magistrate Judge Carolyn Turchin. Re: Motion for Entry of Default against defendantJeanne Woodford, M P Monteiro, J Hackett, L Parker, Mike Yarborough 62, Complaint (Prisoner Civil Rights), Complaint (Prisoner Civil Rights) 7 Objections to R&R due by 6/21/2006. (dam) (Entered: 06/01/2006)

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Carolyn Turchin. Objections to R&R due by 6/21/2006(dam) (Entered: 06/01/2006)

MOTION for Extension of time to file objections to the report and recommendation of magistrate judge filed by plaintiff George I Johnson.(dam) (Entered: 06/22/2006)

MINUTES OF IN CHAMBERS ORDER held before Judge Carolyn Turchin the court is in receipt of plaintiff's request for an extension of time in which to file objections to the report and recommendation. Plaintiff's request is GRANTED. The objections are due on or before 7/11/06. objections may not raise new grounds. RE: MOTION for Enlargement of Time to File 70 . Tape #: na. (dam) (Entered: 06/23/2006)

MOTION for Extension of time objection to Report and Recommendations and notice of address change to California State Prioson Solano 2100 Peabody Road P.O. Box 4000 Vacaville, CA 95696 filed by plaintiff George I Johnson. (sbu, ) Modified on 7/12/2006 (sbu, ). (Entered: 07/12/2006)

MINUTES OF IN CHAMBERS ORDER held before Judge Carolyn Turchin : This court is in receipt of plaintiff's request for an extension of time in which to file objection to the report and recommendation and notice of change of address. Plaintiff's request for extension is Granted. The objections are due on or before July 25, 2006. Objections may not raise new grounds.Court Reporter: none present. (sbu, ) (Entered: 07/12/2006)

DECLARATION of DECLARATION FOR ENTRY OF DEFAULT re Order on Motion for Enlargement of Time to File, Notice of Report and Recommendation 69 filed by Plaintiff George I Johnson.(dam) (Entered: 08/01/2006)

OBJECTION to Report and Recommendation (Final), Report and Recommendation (Final) 68, Report and Recommendation (Final) 9 AND APPOINTMENT OF COUNSEL filed by plaintiff George I Johnson.(dam) (Entered: 08/16/2006)

ORDER DENYING REQUEST FOR ENTRY OF DEFAULT by Magistrate Judge Carolyn Turchin [PLEASE REVIEW ORDER FOR COMPLETE DETAILS], re Declaration 74 (lw, ) (Entered: 08/08/2006)

ORDER DENYING PLAINTIFF'S REQUEST FOR APPOINTMENT OF COUNSEL by Magistrate Judge Carolyn Turchin, [PLEASE REVIEW ORDER FOR COMPLETE DETAILS], re Declaration 74 (lw, ) (Entered: 08/08/2006)

ORDER ADOPTING REPORT AND RECOMMENDATIONS of US Magistrate Judge by Judge George H. King: IT IS ORDERED: The report and recommendation is accepted. Plaintiffs MOTION for Summary Judgment is denied. (pcl, ) (Entered: 08/09/2006)

NOTICE OF APPEAL to 9th CCA filed by Plaintiff George I Johnson. Appeal of Order 75, Filed On: 8/08/06; Entered On: 8/08/06; R&R Adopting Report and Recommendations 77, Filed On: 8/08/06; Entered On: 8/09/06; Order 76 Filed On: 8/08/06; Entered On: 8/09/06; Forms Given: Transcripts Designation Ordering Form; Filing fee $ 455; Billed. cc: George I. Johnson; John Bazan, Deputy State Attorney.(lr, ) (Entered: 09/11/2006)

CERTIFICATE OF RECORD Transmitted to USCA; Transcripts: None Requested; re Appeal to Circuit Court, 79 filed by George I Johnson. (lr, ) (Entered: 09/11/2006)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals; re: Appeal to Circuit Court, 79 (lr, )

NOTICE OF REFERRAL OF MATTER to the Magistrate Judge. Pursuant to the Judges directive, the Certificate of Appealability, received on 9/5/2006, is hereby referred to Magistrate Judge Carolyn Turchin. (pcl, ) (Entered: 09/18/2006)

ORDER Vacating Referral of Matter to the Magistrate Judge by Judge George H. King: On 9/15/06 Notice of Referral of Matter to Magistrate Judge 81 . Court hereby VACATES the referral. Court notes that on 9/5/06 plaintiff filed a document captioned Notice of Appeal or Motion for Trial. It appears from the face of this document that plaintiff is under the misapprehension that his lawsuit has been dismissed In fact, the case remains pending. (ir, ) (Entered: 09/21/2006)

NOTIFICATION by Circuit Court of Appellate Docket Number 06-56264, 9th CCA regarding Appeal to Circuit Court, 79 filed by George I Johnson. (car, ) (Entered: 09/19/2006)

MINUTES (IN CHAMBERS) by Judge George H. King: Counsel for Defendants is ORDERED to contact Plaintiff WITHIN 14 DAYS hereof in order to decide on one of the settlement procedures described in LR 16-14.4. WITHIN 30 DAYS hereof, Counsel and Plaintiff SHALL filed a Joint Status Report setting forth the name of the person selected to conduct the settlement conference, and the date set for such conference, which shall take place no later than 12/6/2006. (See document for further details.)Court Reporter: N/A. (pcl, ) (Entered: 10/10/2006)

ORDER from 9th CCA filed as to Appeal to Circuit Court, 79 filed by George I Johnson, CCA # 06-56264. The appeal is dismissed. Order received in this district on 11/16/06. A review of the record demonstrates that this court lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. Consequently, this appeal is dismissed for lack of jurisdiction. (lr, ) Modified on 11/27/2006 (lr, ). (Entered: 11/27/2006)

MANDATE of 9th CCA filed as to Appeal to Circuit Court, 79, CCA # 06-56264. The appeal is Dismissed. Mandate received in this district on 11/16/06. On consideration whereof, it is now here ordered and adjudged by this Court, that the appeal in this cause be, and hereby is Dismissed for lack of jurisdiction. (lr, ) (Entered: 11/22/2006)

Motion for Default of Court Orders; Motion of Termination of Settlement Discussions filed by plaintiff George I Johnson. (jag, ) (Entered: 01/12/2007)

MINUTES (IN CHAMBERS) by Judge George H. King: Defendants and their counsel are hereby ORDERED TO SHOW CAUSE, in writing, within 12 days hereof, why they should not be sanctioned for failing to follow the Courts orders. Such sanctions may include, but are not limited to: (1) striking Defendants answer and entry of default on Plaintiffs claims; (2) monetary sanctions. (See document for further details.) Court Reporter: N/A. (pcl, ) (Entered: 12/19/2006)

RESPONSE to Courts October 6, 2006 Order to Show Cause and STATUS REPORT filed by Defendants Jeanne Woodford, M P Monteiro, L Parker, Mike Yarborough. (pcl, ) (Entered: 01/10/2007)

Mail Returned addressed to George I Johnson re 89 Motion for Entry of Default. (jp) (Entered: 01/25/2007)

MINUTES (IN CHAMBERS) by Judge George H. King: Order Discharging OSC; Setting Briefing Schedule. The Order to Show Cause is DISCHARGED. Plaintiffs Motion for default is DENIED. Leave to file a motion for summary judgment is GRANTED. Defendants shall file their motion for summary judgment, with this court, by 2/9/2007. Plaintiff shall file his opposition by 3/16/2007. Defendants shall file their reply by 3/30/2007. (See document for further details.) Court Reporter: N/A. (pcl, ) (Entered: 01/12/2007)

ORDER VACATING REFERENCE TO MAGISTRATE JUDGE by Judge George H. King. Reference of case to Magistrate Judge Carolyn Turchin is vacated. Case transferred to the calendar of Magistrate Judge Carolyn Turchin for discovery. Case number now reads as CV 04-5995 GHK (CTx).(rn, ) (Entered: 01/17/2007)

EX PARTE APPLICATION TO ENLARGE Response TIME to File a Summary Judgment Motion Under FRCP, Rule 6(b); Declaration of John F Bazan in support thereof filed by Defendants Jeanne Woodford, M P Monteiro, L Parker, Mike Yarborough. Lodged proposed order. (pcl, ) (Entered: 02/12/2007)

ORDER Re Ex Parte Application to Enlarge Response Time to File a Summary Judgment Motion Under DRCP, Rule 6(b) by Judge George H. King: Good Cause appearing therefor, it is hereby ordered that the motion cut-off date be moved to 2/15/2007.(pcl, ) (Entered: 02/12/2007)

DEFENDANTS' MOTION for Summary Judgment; Memorandum of points and authorities; Exhibits in support thereof filed by Defendants Jeanne Woodford, M P Monteiro, L Parker, Mike Yarborough. Motion set for hearing on 3/26/2007 at 03:30 PM before Judge George H. King. (shb, ) (Entered: 03/05/2007)

MOTION for Review of judicial review of order discharging OSC, and motion for default, Federal Rule 12(e)(f)re 87 In Chambers Order/Directive - no proceeding held, Set Deadlines, filed by plaintiff George I Johnson.(dam) (Entered: 02/23/2007)

MOTION for Review of the filed motions of evidentiary hearing, and judicial notice, the Magistrate Judge Carolyn Turchin refused to address. re 95 MOTION for Review of judicial review of order discharging OSC, and motion for default, Federal Rule 12(e)(f) re 87 In Chambers Order/Directive - no proceeding held,, Set Deadlines, filed by plaintiff George I Johnson.(dam) (Entered: 02/23/2007)

NOTICE of Entry of Appearance filed by attorneys Daniel Stephen Miller, Brian Procel, Mark A Barondess on behalf of Plaintiff George I Johnson (pcl, ) (Entered: 02/28/2007)