United States District Court, E.D. California
PETER T. HARRELL, Plaintiff,
HORNBROOK COMMUNITY SERVICES DISTRICT, MICHELLE HANSON, PATRICIA BROWN, SHARREL BARNES, ROBERT WINSTON, JULIE BOWLES, CLINT DINGMAN, ERNEST GOFF, ROGER GIFFORD, ROBERT PUCKETT, SR., HORNBROOK COMMUNITY BIBLE CHURCH, STEVEN CRITTENDEN, MURPHY PEARSON BRADLEY AND FEENEY, BRADLEY & FEENEY, INC., BASIC LABORATORY, INC., DUKE MARTIN, KISHER, WINTON & BOSTON, and Does 1-20, Respondents.
GREGORY G. HOLLOWS, UNITED STATES MAGISTRATE JUDGE
case was filed by Plaintiff on July 7, 2014. ECF No. 1.
Plaintiff was granted In Forma Pauperis status on August 6,
2014, ECF No. 3, and has been acting in this matter pro
se. Since that date the following matters have been
calendared for hearing by the court:
8/21/14 Plaintiff’s Motion to Amend the Complaint. That
ECF No. 6. Motion was denied without prejudice to its
refiling if accompanied by the proposed Amended Complaint, on
8/29/14. ECF No. 7.
10/9/14 An Order to Show Cause was issued by the court
directing plaintiff to show cause why the complaint should
not be dismissed for failure to serve the named defendants.
ECF No. 8.
10/30/14 Plaintiff responded to the Order by filing a Motion
to Amend accompanied by his proposed First Amended Complaint.
ECF No. 9.
12/5/14 The Order to Show Cause issued on 10/9/14 was
discharged, and Plaintiff’s Motion to Amend was denied.
The Clerk was directed to issue summonses on defendants named
in the Order and the U.S. Marshal was directed to serve said
summonses within 90 days. ECF No. 11.
2/23/15 Defendant Robert Winston moved to dismiss the
complaint and strike state law claims. A hearing on the
motion was set for 4/16/15. ECF No. 14.
3/25/15 Plaintiff moved for a 45 day extension of time to
respond to the pending motion. ECF No. 18.
4/1/15 The court granted the plaintiff’s motion and
vacated its calendar stating that the Motion would be
recalendared if necessary after briefing was completed. ECF
4/22/15 Defendants Barnes, Bowles, Brown, Dingman, Goff,
Hanson, and Hornbrook Community Services District sought an
extension of time to respond to the First Amended Complaint.
ECF No. 23.
4/24/15 The defendants were granted an extension of time to
respond making their response due on May 22, 2015. ECF No.
4/28/15 Plaintiff requested Entry of Default against
defendants Barnes, Bowles, Brown, Dingman, Hanson and
Hornbrook Community Services District, filed his Opposition
to the Motion to Dismiss and to Strike, objected to the
extension of time to respond granted to defendants on
4/24/15. ECF No. 27.
5/8/15 The court ordered newly served defendants to pay the
United States Marshal $316 each as the cost of service unless
they could each individually show good cause for failing to
waive personal service. ECF No. 32.
5/8/15 Defendant Robert Winston filed a Reply Memorandum
relating to the pending Motion to Dismiss and to Strike. ECF
5/22/15 the court issued an order that the pending Motion
would be heard on 8/6/15.
5/22/15 The defendants responded to the courts 5/8/15 order
to pay costs of service by showing they were exempt as a
public agency and officials of that ...