Case: Olivier v. Molina

Olivier v. Moliner

Olivier v. molina

Olivier v. Baca

REQUEST to Proceed without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Maurice P. Olivier. (Attachments: # 1 Lodged face page of Complaint)(ghap) (Entered: 11/04/2008)

LODGED COMPLAINT forwarded to Magistrate Judge Jeffrey W. Johnson. Complaint sought to be filed by Plaintiff Maurice P. Olivier. (ghap)

ORDER by Magistrate Judge Jeffrey W. Johnson: GRANTING re REQUEST to Proceed without Prepayment of Filing Fees, Declaration in Support 1 . IT IS FURTHER ORDERED that, accordance with 28 USC Section 1915, the prisoner-plaintiff owes the Court the total filing fee of $350.00. An initial partial filing fee of $2.40 must be paid within 30 days of the date of this is filed. Failure to remit the initial partial filing fee may be result in dismissal of your case. Thereafter, monthly payments shall be forwarded to the Court in accordance with 28 USC Section 1915. (et) (Entered: 11/10/2008)

CIVIL RIGHTS COMPLAINT filed against Defendants Gloria Molina, Yvonne B. Burke, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez pursuant to 42:1983. Case assigned to Judge John F. Walter and referred to Magistrate Judge Jeffrey W. Johnson. (Filing fee: IN FORMA PAUPERIS IS GRANTED.), filed by Plaintiff Maurice P. Olivier. (et) (Entered: 11/10/2008)

NOTICE OF REFERENCE to United States Magistrate Judge Jeffrey W. Johnson. (et) (Entered: 11/10/2008)

MOTION for Appointment of Counsel filed by plaintiff Maurice P. Olivier. (ca) (Entered: 11/21/2008)

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Jeffrey W. Johnson, ORDERING Motion requesting court filed documents and summons submitted by Plaintiff Maurice P. Olivier received on 11/17/2008 is not to be filed but instead rejected. Denial based on: requesting documents not related to the above case number. (ca) (Entered: 11/21/2008)

MINUTES (IN CHAMBERS) PLAINTIFFS MOTION FOR APPOINTMENT OF COUNSEL (filedNovember 17, 2008) by Magistrate Judge Jeffrey W. Johnson: The Court has received plaintiff's Motion for Appointment of Counsel 5 . The plaintiffsmotion is DENIED. The Court has very little ability to appoint counsel in civil rights matters except in "exceptional circumstances. Moreover, the Court does not have the ability to provide for payment to any attorney who might be willing to represent plaintiff. Plaintiff should consider what other alternatives he has to assist him in prosecuting this case. (ca) (Entered: 12/08/2008)

OBJECTION to Magistrate's Order Denying Appointment of Counsel 7, filed by Plaintiff Maurice P. Olivier. (ag) (Entered: 12/30/2008)

ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PAY INITIAL PARTIAL FILING FEE by Magistrate Judge Jeffrey W. Johnson. (ca) (Entered: 02/02/2009)

MOTION SHOWING CAUSE filed by Plaintiff Maurice P. Olivierto Order to Show Cause, 9 . (ca) (Entered: 02/20/2009)

MINUTES (IN CHAMBERS) PLAINTIFFS MOTION SHOWING CAUSE (filed February 20, 2009) by Magistrate Judge Jeffrey W. Johnson: The Court hereby vacates its Order to Show Cause re Dismissal For Failure to Pay Initial Partial Filing Fee. Plaintiff is GRANTED an additional forty-five (45) days from the date of this order to make an initial payment of $2.40. Thereafter, plaintiff shall monthly pay 20 percent of the preceding monthly income credited to [plaintiffs] account. 28 U.S.C. 1915(b)(2). The Court hereby directs the California Department of Corrections to forward payments from [plaintiff Maurice P. Oliviers] account to the Clerk of this Court each time the account in plaintiff Oliviers [trust fund] account exceeds $10.00 until the $350.00 filing fee is paid, re: Motion 10 . (ca) (Entered: 03/24/2009)

Motion Requesting Confirmation of Receiving Initial Filing Fee Pursuant to 28 U.S.C. 1915 (b)(1) filed by Plaintiff Maurice P. Olivier. (ag) (Entered: 04/13/2009)

MINUTES (IN CHAMBERS) PLAINTIFFS MOTION REQUESTING CONFIRMATION OF RECEIVING INITIAL FILING FEE (filed April 13, 2009) by Magistrate Judge Jeffrey W. Johnson: Plaintiff is advised that his initial partial filing fee of $2.40 was received on February 19, 2009, re: REQUEST 12 . (ca) (Entered: 05/01/2009)

ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 09-063 by Acting Magistrate Judge Suzanne H. Segal. Due to the Resignation of Magistrate Judge Jeffrey W. Johnson, this case is randomly reassigned to Magistrate Judge Alicia G. Rosenberg for all further proceedings. All documents subsequently filed shall bear this new case designation CV 08-07169 JFW(AGR). (sn) (Entered: 07/16/2009)

MEMORANDUM AND ORDER DISMISSING CIVIL RIGHTS COMPLAINT WITH LEAVE TO AMEND 3 by District Judge John F. Walter. (ag). (Entered: 07/22/2009)

Proposed MEMORANDUM AND ORDER DISMISSING CIVIL RIGHTS COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Jeffrey W. Johnson. Re Complaint (Prisoner Civil Rights) 3 . Approved by the District Judge.(ag)

FIRST AMENDED CIVIL RIGHTS COMPLAINT against defendants Gloria Molina, Yvonne B. Burke, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez amending Complaint (Prisoner Civil Rights), 3, filed by plaintiff Maurice P. Olivier. (ca) (Entered: 08/13/2009)

ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Alicia G. Rosenberg, re First Amended Complaint, 16 . Pursuant to Rule 4(c)(3) of the Federal Rules of Civil Procedure, the United States Marshal is directed to proceed with service of process upon the defendant(s) named below only without prepayment of costs, until further order of the Court. A copy of this Order shall be served with the summons and complaint. Pursuant to 42 U.S.C. § 1997e(g)(2), defendants are directed to respond to the complaint within the time provided by the applicable provisions of Rule 12 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. (mp) (Entered: 09/03/2009)

ORDER RE: SERVICE OF COMPLAINT AND PLAINTIFF'S MAILING ADDRESS by Magistrate Judge Alicia G. Rosenberg, re First Amended Complaint, 16 . The Court having reviewed plaintiff's First Amended Complaint, filed on August 12, 2009, IT IS ORDERED THAT: No later than November 2, 2009, plaintiff shall file with the Clerk of Court a Notice of Submission indicating that all required documents have been submitted to the United States Marshal for service of the Complaint. If plaintiff does not file the Notice of Submission by November 2, 2009, his action will be subject to dismissal without prejudice. No later than October 19, 2009, plaintiff shall serve and file with the court a Notice of Current Address which shall set forth plaintiff's current mailing address. The United States Marshal is ordered to serve the summons and complaint, as indicated on the attached Order Directing Service of Process by the United States Marshal filed on September 2, 2009. IT IS SO ORDERED. (Attachments: # 1 Notice of Submission of Documents to United States Marshal) (mp) (Entered: 09/03/2009)

20 DAY DAY Summons Issued re First Amended Complaint, 16 as to Defendants Gloria Molina, Yvonne B. Burke, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. (mp)

PROPOSED ORDER RE: PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S RULING ON MOTION TO APPOINT COUNSEL issued by Magistrate Judge Alicia G. Rosenberg. Proposed Order forwarded to the District Judge for approval.(mp)

ORDER RE: PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S RULING ON MOTION TO APPOINT COUNSEL by Judge John F. Walter, re Objections - non-motion 8 . IT IS THEREFORE ORDERED that Plaintiff's objections are OVERRULED. (See Order for details.) (mp) (Entered: 09/10/2009)

NOTICE OF SUBMISSION OF DOCUMENTS TO UNITED STATES MARSHAL filed by plaintiff Maurice P. Olivier. (ag) (Entered: 09/17/2009)

NOTICE OF CURRENT ADDRESS filed by plaintiff Maurice P. Olivier.(ag) (Entered: 09/17/2009)

MOTION FOR APPOINTMENT OF COUNSEL PURSUANT TO 28 U.S.C. 1915(e)(1), filed by plaintiff Maurice P. Olivier. (ag) (Entered: 09/17/2009)

(IN CHAMBERS): APPOINTMENT OF COUNSEL by Magistrate Judge Alicia G. Rosenberg: denying 22 Motion for Appointment of Counsel. ***See document for further details*** (ag) (Entered: 09/18/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Board of Supervisor - Gloria Molina served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon Ernestina Rhind. Remarks: P/S 9/16. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Board of Supervisor, Zey Yaroslavsky served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon Ernestine Rhind, Deputy Clerk. Remarks: P/S 9/16. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Board of Supervisore - Don Knabe served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon Ernestina Rhind, Deputy Clerk. Remarks: P/S/ 9/16. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Board of Supervisor - Michael D. Antonovich served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon Ernestina Rhind, Deputy Clerk. Remarks: P/S 9/16. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Los Angeles County Sheriff - LeRoy Baca served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon Denise Dougherty (OAZ). Remarks: P/S 9/16. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Michael D. Antonovich answer due 10/6/2009, served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon LeRoy Baca served on 9/16/2009, answer due 10/6/2009 served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Policarpio F. Enriquez served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Don Knabe served on 9/16/2009, answer due 10/6/2009 served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Zey Yaroslavsky served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights), 3 upon Gloria Molina served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Complaint (Prisoner Civil Rights), 3 for Yvonne B. Burke. (ca) (Entered: 09/21/2009)

PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re Complaint (Prisoner Civil Rights), 3 for Board of Supervisor - Yvonne B. Burke. (ca) (Entered: 09/21/2009)

EX PARTE APPLICATION for Extend Time to File Answer to 11/9/2009 re Amended Complaint, 16 filed by DEFENDANTS Gloria Molina, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. (Attachments: # 1 Exhibit A TO DANIEL LEE DECLARATION, # 2 Proposed Order)(Lee, Daniel) (Entered: 10/05/2009)

ORDER GRANTING Ex Parte Application for Extension of Time to Answer 37 by Magistrate Judge Alicia G. Rosenberg: IT IS ORDERED that Defendants have until November 9, 2009, to respond to Plaintiff Maurice Pierre Olivier's First Amended Complaint. (ca) (Entered: 10/06/2009)

NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT filed by DEFENDANTS Gloria Molina, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. Motion set for hearing on 12/8/2009 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Proposed Order)(Lee, Daniel) (Entered: 11/09/2009)

ORDER RE DEFENDANTS MOTION TO DISMISS COMPLAINT and NOTICE TO PLAINTIFF OF THEREQUIREMENTS OF AN UNENUMERATED MOTION UNDER FEDERAL RULE 12(b) by Magistrate Judge Alicia G. Rosenberg: THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT. PLEASE READ THIS ORDER CAREFULLY. On November 9, 2009, defendants filed a Motion to Dismiss by which they seek to have your case dismissed on the ground that you failed to exhaust your administrative remedies. Failure to exhaust administrative remedies is subject to an unenumerated Fed. R. Civ. P. 12(b) motion. Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir.), cert. denied,540 U.S. 810 (2003). DEADLINES: Plaintiff is ORDERED to file his opposition to defendants motion to dismiss no later than December 9, 2009. Defendants are ORDERED to serve and file a reply no later than January 8, 2010. The Court will take the motion under submission without oral argument as of the date defendants reply is due. See order for details. (Attachments: # 1 Local Rule 12) (ca) (Entered: 11/10/2009)

NOTICE of Change of Attorney Information for attorney Paul B Beach counsel for Defendants Gloria Molina, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. Adding Paul B Beach as attorney as counsel of record for Gloria Molina, Zev Yaroslavsky, Don Knabe, Michael D. Antonovich, Sheriff Leroy D. Baca, Policarpio Enriques for the reason indicated in the G-06 Notice. Filed by Defendants Gloria Molina, Zev Yaroslavsky, Don Knabe, Michael D. Antonovich, Sheriff Leroy D. Baca, Policarpio Enriquez (Beach, Paul) (Entered: 11/10/2009)

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Alicia G. Rosenberg, ORDERING 1. Plaintiff's First Set of Interrogatories to Kevin Kelly; 2. Plaintiff's First Request for Production of Documents (Seven Requests) submitted by Plaintiff Maurice P Olivier received on December 10, 2009 is not to be filed but instead rejected. Denial based on: Discovery is not to be filed with the Court. (Attachments: # 1 Discovery by Plaintiff) (mp) (Entered: 12/11/2009)

NOTICE AND REQUEST FOR JUDICIAL NOTICE Pursuant to Title 28 Federal Rules of Evidence Rule 201(b) in support of plaintiff's Opposition to Motion to Dismiss filed by plaintiff Maurice P Olivier. (ca) (Entered: 12/14/2009)

MOTION in OPPOSITION to Motion to Dismiss COMPLAINT Pursuant to 42 U.S.C. Section 1997e(a), Fed. R. Civ. Proc. 12(b)(6), 39 filed by Plaintiff Maurice P Olivier. (ca) (Entered: 12/14/2009)

MOTION requesting subpoenas to attach with subpoena duces tecums filed by plaintiff Maurice P Olivier. (ca) (Entered: 12/14/2009)

REPLY IN SUPPORT OF MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 39 filed by Defendants Gloria Molina, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. (Lee, Daniel) (Entered: 01/08/2010)

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting 45 Motion for Subpoenas. DEFENDANTS' MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR SUBPOENAS. Plaintiff's Motion is GRANTED. The Clerk is DIRECTED to provide Plaintiff with three Subpoenas to Produce Documents, Information, or Objects or their equivalent, sign and date the subpoenas in the appropriate boxes, and complete the case caption at the top of the subpoenas. IT IS HEREBY ORDERED that: 1. On or before February 26, 2010, Plaintiff may file a supplemental opposition that includes any additional evidence related to exhaustion. 2. On or before January 29, 2010, Defendants shall file a supplemental brief that further explains the exhaustion process at the Los Angeles County Jail. 3. Unless otherwise ordered, the court will take the motion to dismiss under submissionon the date Plaintiff's supplemental brief is due. (See Order for details.) (mp) (Entered: 01/19/2010)

SUPPLEMENT to MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 39 filed by Defendants Gloria Molina, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. (Lee, Daniel) (Entered: 01/29/2010)

Affidavit for Subpoea Duces Tecum issued as to ACLU/SE Jaels Project Coordinator/Custodian of Records. (es) (Entered: 02/08/2010)

Affidavit for Subpoena Duces Tecum issued as to Yagman & Yagman & Reichman/ Custodian of Records. (es) (Entered: 02/08/2010)

AFFIDAVIT FOR SUBPOENA DUCES TECUM IN A CIVIL CASE issued as to U.S. Department of Justice. (mp) (Entered: 02/08/2010)

MINUTES OF IN CHAMBERS ORDER RE PLAINTIFF'S SUBPOENAS by Magistrate Judge Alicia G. Rosenberg: re: Subpoena (AO 88) Issued 51, Subpoena (AO 88) Issued 49, Subpoena (AO 88) Issued 50 . IT IS HEREBY ORDERED that Plaintiff notify the subpoenaed parties as soon as possible that the documents shall be produced ONLY to Plaintiff, and NOT to the Court. Pursuant to this court's order dated January 19, 2010, Plaintiff may file a supplemental opposition that includes any additional evidence related to exhaustion on or before February 26, 2010. If Plaintiff does not file a timely supplemental opposition, the court will decide the motion to dismiss based on the papers in the record. (See Order for details) (mp) (Entered: 02/08/2010)

Supplemental Motion in Opposition to Defendants Motion to Dismiss Pursuant to Fed.R.Evid. Rule 803(6)d the Civil Rights of Institutionalized Persons Act 39 filed by Plaintiff Maurice P Olivier. (es) (Entered: 02/19/2010)

MOTION Requesting Order to Comply Pursuant to Fed.R.Civ.P 45(e) filed by plaintiff Maurice P Olivier. (es) (Entered: 02/26/2010)

MOTION Requesting Extension of Time filed by plaintiff Maurice P Olivier. (es) (Entered: 02/26/2010)

MINUTES (IN CHAMBERS): ORDER RE PLAINTIFF'S MOTION TO COMPEL by Magistrate Judge Alicia G. Rosenberg 54 . The Custodian of Records is ORDERED, on or before March 16, 2010, to file and serve a response to Plaintiff's motion. (See Order for details.) (mp) (Entered: 03/02/2010)

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting 55 Motion for Extension of Time. Plaintiff's request is GRANTED. Plaintiff may file a supplemental opposition on or before April 1, 2010. (See Order for details.) (mp) (Entered: 03/02/2010)

PROOF OF SERVICE filed by plaintiff Maurice P Olivier, served on 3/24/10 by mail. (se) (Entered: 03/30/2010)

NOTICE OF MOTION SHOWING RE MAILING OF SUBPOENA DUCES TECUM filed by Plaintiff Maurice P Olivier. (mp) (Entered: 03/08/2010)

RESPONSE OF CUSTODIAN OF RECORDS FOR YAGMAN & YAGMAN & REICHMANN TO ORDER TO SHOW CAUSE filed by Custodian of Record for Yagman & Yageman & Reichmann 56 (mp) (Entered: 03/08/2010)

MOTION Requesting Order for to Comply Pursuant to Fed.R.Civ.P. 45(c) filed by plaintiff Maurice P Olivier. (es) (Entered: 03/12/2010)

MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Alicia G. Rosenberg re: PLAINTIFF'S MOTION TO COMPEL RE YAGMAN & YAGMAN & REICHMANN 54 . On March 8, 2010, the Custodian (Attorney Marion Yagman) filed a response and an accompanying declaration. According to the Custodian, due to a clerical error, the subpoena was not brought to her attention. She did not learn of the subpoena until receiving the Court's March 2 order. On March 4, 2010, she mailed to Plaintiff "copies of the complete contents of the file maintained for Mr. Olivier." Accordingly, Plaintiff's motion is DENIED as moot. (mp) (Entered: 03/10/2010)

SUPPLEMENTAL RESPONSE of Custodian of Records for Yagman & Yagman & Reichmann to Order to Show Cause filed by Plaintiff Maurice P Olivierto 56 (es) (Entered: 03/12/2010)

MINUTES (IN CHAMBERS): ORDER RE: PLAINTIFF'S MOTION TO COMPEL RE DEPARTMENT OF JUSTICE SUBPOENA by Magistrate Judge Alicia G. Rosenberg: denying 61 Motion for Order. The documents Plaintiff seeks from the Civil Rights Division are unrelated to the exhaustion issue. At this stage of the proceedings there is a pending motion to dismiss the complaint. Plaintiff's motion to compel is DENIED without prejudice to Plaintiff's renewing the motion if the Court denies the motion to dismiss. (See Order for details) (mp) (Entered: 03/17/2010)

MOTION Requesting an Extension of Time filed by plaintiff Maurice P Olivier. (es) (Entered: 03/24/2010)

MOTION for Order to Comply Pursuant to Fed.R.Civ.P 45(e) filed by plaintiff Maurice P Olivier. (es) (Entered: 03/24/2010)

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting 64 Motion for Extension of Time. PLAINTIFF'S MOTION TO COMPEL RE ACLU SUBPOENA AND REQUEST FOR EXTENSION OF TIME. Plaintiff is ORDERED, on or before April 8, 2010, to file a declaration indicating whether the documents requested in Category No. 4 relate to the exhaustion issue and,if so, how. Also on March 23, 2010, Plaintiff filed a request for an extension of time to file his supplemental opposition. Plaintiff's request is GRANTED. Plaintiff may have until April 29, 2010, to file a supplemental opposition. (mp) (Entered: 03/24/2010)

OBJECTIONS to Magistrate Judge's Order Pursuant to Fed.R.Civ.P 72(a) filed by Plaintiff Maurice P Olivier. (es) (Entered: 03/26/2010)

SUPPLEMENTAL Motion in Opposition Pursuant to Fed.R.Civ.P 45(a)(1) filed by plaintiff Maurice P Olivier. (es) (Entered: 03/26/2010)

(STRICKEN PER NOTICE DATED APRIL 13, 2010)OBJECTIONS to Magistrate Judge's Order on Motion for Order 63 filed by Plaintiff Maurice P Olivier. (se) Modified on 4/13/2010 (mp). (Additional attachment(s) added on 4/13/2010: # 1 Document Stricken) (mp). (Entered: 03/30/2010)

MINUTES IN CHAMBERS by Judge John F. Walter: ORDER OVERRULING Plaintiff's Objections to Magistrate Judge's Order 67 Pursuant to FRCP 72(a), the Court has reviewed the plaintiff's objections to Magistrate Judge's Order filed 3/17/2010 [Dkt. No. 63]. The Court concludes that the Magistrate Judge's Order is not clearly erroneous or contrary to law and overrules plaintiff's objections. (jp) (Entered: 04/01/2010)

OBJECTIONS to Magistrate Judge's Order Pursuant to Fed.R.Civ.P 72(a) filed by Plaintiff Maurice P Olivier. (es) (Entered: 04/06/2010)

DECLARATION of Maurice P. Olivier re Order on Motion for Extension of Time 66 filed by Plaintiff Maurice P Olivier. (mp) (Entered: 04/07/2010)

NOTICE OF CLERICAL ERROR Re: Objections - non-motion 69 . Duplicate entry due to clerical error. Document Number 69 is stricken. (mp) (Entered: 04/13/2010)

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Alicia G. Rosenberg, ORDERING Objection to Magistrate Judge's Order Pursuant to Fed. R. Civ. R. 72(a) submitted by Plaintiff Maurice P Olivier received on April 12, 2010 is not to be filed but instead rejected. Denial based on: Duplicate filing. The same document was received and filed on April 5, 2010. (Attachments: # 1 Objection) (mp) (Entered: 04/13/2010)

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: denying 65 PLAINTIFF'S MOTION TO COMPEL RE ACLU SUBPOENA. Plaintiff's motion to compel (Dkt. No. 65) is DENIED without prejudice to Plaintiff's renewing the motion if the Court denies the motion to dismiss. (See Order for details.) (mp) (Entered: 04/19/2010)

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alicia G. Rosenberg. Objections to R&R due by 6/24/2010. A party may respond to another party's Objections within 14 days after being served with a copy of the Objections. (Attachments: # 1 Report and Recommendation of United States Magistrate Judge) (mp) (Entered: 06/01/2010)

REPORT AND RECOMMENDATION issued by Magistrate Judge Alicia G. Rosenberg Re MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 39 . The Court submits this Report and Recommendation to the Honorable John F. Walter, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order No. 05-07 of the United States District Court for the Central District of California. For the reasons set forth below, the Magistrate Judge recommends that Defendants' motion to dismiss the First Amended Complaint be granted in part and denied in part. (See Order for details.) (mp) (Entered: 06/01/2010)

OBJECTION to Report and Recommendation (Issued), Report and Recommendation (Issued), Report and Recommendation (Issued) 78 filed by DEFENDANTS Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez, Don Knabe, Gloria Molina, Zey Yaroslavsky. (Attachments: # 1 Exhibit A - C)(Allen, Matthew) (Entered: 06/24/2010)

OBJECTION to Report and Recommendation 78 filed by plaintiff Maurice P Olivier.(es) (Entered: 06/25/2010)

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION by Judge John F. Walter: IT IS ORDERED that (1) the Report and Recommendation is adopted; (2) Defendants' unenumerated Rule 12(b) motion based on failure to exhaust remedies is granted in part and denied in part; (3) Claim Three is dismissed without prejudice for failure to exhaust administrative remedies; (4) Defendants' Rule 12(b)(6) motion to dismiss for failure to state a claim is granted in part and denied in part; (5) Defendants Molina, Burke, Yaroslavsky, Knabe, and Antonovich are dismissed; and (6) Claim Two is dismissed with leave to amend solely to allege a claim against Sheriff Leroy Baca in his individual and/or official capacity. Plaintiff is granted leave to file a Second Amended Complaint within 30 days after the date of this order. 39 (es) (Entered: 07/08/2010)

REPLY TO OBJECTION to Report and Recommendation (Issued), Report and Recommendation (Issued), Report and Recommendation (Issued) 78 filed by DEFENDANTS Michael D. Antonovich, LeRoy Baca, Yvonne B. Burke, Policarpio F. Enriquez, Don Knabe, Gloria Molina, Zey Yaroslavsky.(Allen, Matthew) (Entered: 07/08/2010)

MOTION to Compel Pursuant to Fed.R.Civ.P 45(e) filed by plaintiff Maurice P Olivier. (es) (Entered: 07/21/2010)

MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Alicia G. Rosenberg re: MOTION to Compel Pursuant to Fed.R.Civ.P 45(e) 83 . PLAINTIFF'S MOTION TO COMPEL RE ACLU SUBPOENA. The ACLU of Southern California is ORDERED, on or before August 6, 2010, to file and serve a response to Plaintiff's motion to compel. Alternatively, the ACLU may produce all the documents to Plaintiff at Calipatria State Prison, CDC F-83603, Building D-5 #131, P.O.Box 5002, Calipatria, CA 92233. Despite the directions in the subpoena, the ACLU should not produce the subpoenaed documents to this Court. If the ACLU chooses to comply with the subpoena, it shall, on or before August 6, 2010, file and serve a Notice that it has done so. (mp) (Entered: 07/22/2010)

MOTION for Extension of Time and Copy of First Amended Complaint filed by plaintiff Maurice P Olivier. (es) (Entered: 07/27/2010)

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting 85 Motion for Extension of Time. PLAINTIFF'S REQUEST FOR EXTENSION OF TIME AND A COPY OF THE FIRST AMENDED COMPLAINT. The Court is in receipt of Plaintiff's "Motion Requesting Extension of Time and Copy of First Amended Complaint" filed on July 26, 2010. Plaintiff's request is GRANTED. IT IS HEREBY ORDERED that Plaintiff's Second Amended Complaint is due no later than September 7, 2010. The Clerk is directed to mail Plaintiff a copy of his First Amended Complaint. (mp) (Entered: 07/28/2010)

NOTICE of Compliance filed by Third Party Filer (se) (Entered: 08/10/2010)

MOTION REQUESTING RE-ISSUANCE OF ORDER TO COMPEL filed by Plaintiff Maurice P Olivier. (mp) (Entered: 08/24/2010)

SECOND AMENDED COMPLAINT against Defendant Leroy Baca; Party Policarpio F. Enriquez, Don Knabe, Gloria Molina, Zey Yaroslavsky, Michael D. Antonovich and Yvonne B. Burke terminated amending First Amended Complaint, 16,filed by Plaintiff Maurice P Olivier (mp) (Entered: 08/24/2010)

IN CHAMBERS: SECOND AMENDED COMPLAINT by Magistrate Judge Alicia G. Rosenberg. Plaintiff was correct not to name the dismissed defendants in the SAC. Plaintiff was also correct not to allege dismissed Claim Three. However, Plaintiff did not reallege Claim One. In addition, Plaintiff must state a request for relief. See Fed. R. Civ. P. 8(a)(3). Accordingly, Plaintiff is ORDERED to file a corrected SAC on or before September 16, 2010. ***See Order for further, important, details*** (ag) (Entered: 08/26/2010)

IN CHAMBERS: PLAINTIFF'S MOTION TO COMPEL RE ACLU SUBPOENA by Magistrate Judge Alicia G. Rosenberg. Accordingly, the ACLU of Southern California is ORDERED, on or before September 9, 2010, to file and serve a response to Plaintiff's motion to compel. Alternatively, the ACLU may produce the following documents to Plaintiff: (1) the documents described in Categories 1, 3, and 4; and (2) any additional responsive documents described in Category 2 (through August 2007). If the ACLU chooses to comply with the subpoena, it shall, on or before September 9, 2010, file and serve a Notice of Compliance that it has done so. ***See Order for further details*** (ag) (Entered: 08/26/2010)

CORRECTED SECOND AMENDED COMPLAINT against defendant LeRoy Baca correcting Amended Complaint, 89, filed by plaintiff Maurice P Olivier (es) (Entered: 09/15/2010)

NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Corrected Second Amended Complaint filed by Defendant LeRoy Baca. Motion set for hearing on 10/26/2010 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Proposed Order)(Lee, Daniel) (Entered: 09/24/2010)

NOTICE of Compliance filed by ACLU of Southern California, Third Party Filer. (es) (Entered: 09/27/2010)

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge Alicia G. Rosenberg ORDERING ThirdParty filer Notice of Compliance submitted by ThirdParty ACLU of Southern California received on 9/245/10 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (es) (Entered: 09/27/2010)

ORDER RE DEFENDANT'S MOTION TO DISMISS COMPLAINT and NOTICE TO PLAINTIFF OF THEREQUIREMENTS OF AN UNENUMERATED MOTION UNDER FEDERAL RULE 12(b) by Magistrate Judge Alicia G. Rosenberg. THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT. PLEASE READ THIS ORDER CAREFULLY. On September 24, 2010, defendants filed a Motion to Dismiss by which they seek to have your case dismissed on the ground that you failed to exhaust your administrative remedies. 93 Plaintiff is ORDERED to file his opposition to defendants' motion to dismiss no later than October 25, 2010. Defendants are ORDERED to serve and file a reply no later than November 24, 2010. The Court will take the motion under submission without oral argument as of the date defendants' reply is due. (See attached order for further details.) (Attachments: # 1 F.R.C.P. Rule 12) (es) (Entered: 09/28/2010)