McDaniel v. Powell, et al.

Plaintiff: Tanya McDaniel
Defendant: Daniel Powell, John Vilnau and City of Davis Police Department
Case Number: 2:2013cv02653
Filed: December 26, 2013
Court: California Eastern District Court
Office: Sacramento Office
County: Yolo
Referring Judge: Allison Claire
Presiding Judge: Morrison C. England
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
November 21, 2014 29 Opinion or Order of the Court ORDER adopting in full 25 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Morrison C. England, Jr., on 11/20/14. Defendants' 13 motion to dismiss is granted. Plaintiff's sixth claim based on the alleged 2007 assault is dismissed with prejudice as time barred. Plaintiff is granted leave to amend the remaining claims against defendants; should she choose to do so any amended pleading must be filed not later than 20 days following the date this Order is electronically filed . Failure to file an amended complaint within the time period established above will result in this action being dismissed in its entirety, with prejudice and without further notice. Plaintiff's 20 , 24 motions to reinstate her amended complaint are denied. (Kastilahn, A)
March 5, 2014 3 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 3/4/14 GRANTING 2 Motion to Proceed IFP. Service is appropriate for defendants Daniel Powell, John Vilnau and the City of Davis Police Department. The Clerk shall send plaintiff 3 USM forms, 1 s ummons, a copy of the complaint, consent form and the court's status order. Plaintiff is directed to submit service documents to the USM, and a statement with the court that documents have been submitted within 15 days. The USM shall serve process within 90 days. (Manzer, C)
January 26, 2015 40 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 1/23/15 ORDERING that Plaintiff's 37 motion for leave to file a third amended complaint is DENIED. Plaintiff's 39 Motion for Miscellaneous Relief is DENIED. (Kastilahn, A)
February 17, 2015 45 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 2/17/15 GRANTING 34 Motion to Dismiss, and plaintiff is GRANTED 30 days to file a Second Amended Complaint that complies with Rule 8 and cures the defects identified; the court sua sponte ORDERS p laintiff's sur-reply 42 STRICKEN, and the Clerk of the Court is DIRECTED to strike ECF No. 42 from the docket; and plaintiff must properly serve defendants with everything filed concurrently with her notice of filing documents in paper 43 . (Meuleman, A)
April 6, 2015 49 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 4/3/15 ORDERING that plaintiff's 48 motion is DENIED without prejudice for failure to comply with Local Rule 137(c). If plaintiff files another motion to amend, she must attach her proposed amended complaint as well as any proposed exhibits. (Kastilahn, A)
April 16, 2015 52 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 04/15/15 ORDERING that 51 Motion for Extension of Time is GRANTED; the opposition to the motion to dismissed is due 05/13/15 and the hearing on the 47 Motion to Dismiss is RESET for 5/27/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Benson, A)
April 14, 2014 9 Opinion or Order of the Court ORDER signed by Magistrate Judge Allison Claire on 4/11/2014 ORDERING that Plaintiff's 7 Motion to Amend the Complaint is DENIED AS MOOT. Service is appropriate for the following defendants: Daniel Powell, John Vilnau, and the City of Davis P olice Department. Plaintiff is directed to supply the U.S. Marshal, within 15 days from the date this order is filed, all information needed by the Marshal to effect service of process of the first amended complaint, and shall file a statement with the court that said documents have been submitted to the United States Marshal. The Clerk to serve a copy of this order on United States Marshal. (Zignago, K.)

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Plaintiff: Tanya McDaniel
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Defendant: Daniel Powell
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Defendant: John Vilnau
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Defendant: City of Davis Police Department
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