Maraglino v. San Diego, County of et al
| Dorothy Maraglino |
| San Diego, County of, William D. Gore, Rich Miller, Edna Milloy, St. Nicolas, Susan Fiske and Brian Patterson |
| 3:2015cv00199 |
| January 29, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Mitchell D. Dembin |
| William Q. Hayes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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Filing
42
ORDER: The Report and Recommendation (Dkt # 34 ) is adopted in part and not adopted in part. With respect to Plaintiff's claims against Captain Milloy in her official capacity, the Motion to Dismiss is granted without prejudice. With respect to Plaintiff's eight claim of improper shackling on 12/11/2014, the Motion to Dismiss is granted, with leave to amend. Defendant's Motion to Dismiss (Dkt # 20 ) is granted in part and denied in part. No later than sixty (60) days from the date of this Order, Plaintiff may file a second amended complaint. Signed by Judge William Q. Hayes on 8/30/2016. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
12
ORDER (1) Granting Motion To Reopen Case And To Proceed In Forma Pauperis (Dkt # 7 ) (2) Denying Motion To Appoint Counsel (Dkt # 9 ) And (3) Granting Motion Requesting Issuance Of Summons And Directing U.S. Marshal To Effect Service Of First Amend ed Complaint (Dkt # 11 ): The Court Directs the Watch Commander at LCDF, or his/her designee, to collect from Plaintiff's trust account the $16.66 initial filing fee assessed, if those funds are available at the time this Order is executed , and to forward whatever balance remains of the full $350 owed in monthly payments in an amount equal to twenty percent (20%) of the preceding month's income to the Clerk of the Court each time the amount in Plaintiff's account e xceeds $10 pursuant to 28 U.S.C. 1915(b)(2). The Court directs the Clerk to terminate Deputy St. Nichols as a party to this matter, issue a summons as to Plaintiff's First Amended Complaint (Dkt # 4 ) upon the remaining Defendants County o f San Diego, William D. Gore, Rich Miller, Edna Milloy, Susan Fiske, and Brian Patterson. Signed by Judge William Q. Hayes on 10/20/2015. (Per Order, a copy of this Order was served on Watch Commander, Las Colinas Detention & Reentry Facility via U.S. Mail Service. IFP package was prepared to be sent via U.S. Mail Service.) (mdc)
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