Darnell Black v. James Marcelo et al
| Darnell Black, Sr and Darnell Black, Sr. |
| Do S. Morris, Doctor D Park, Doctor B Griffen, Deputy Director J Lewis, Doctor James Marcelo, Doctor Butis, Do A. Swaby, Doctor Bui and Doctor L Sprague |
| 2:2018cv05064 |
| June 7, 2018 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Rozella A Oliver |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 67 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #55 , CCA # 20-55123. The judgment of this Court, entered October 29, 2020, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Order, #65 DISMISSED.](mat) |
Filing 66
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #55 filed by Darnell Black, Sr. CCA # 20-55123. Black's motion for reconsideration (Docket Entry No. 17) is denied. See 9th Cir. R. 27-10. No further filings will be entertained in this closed case. (car)
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Filing 65
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #55 filed by Darnell Black, Sr. CCA # 20-55123. Upon a review of the record, the response to the courts March 9, 2020order, and the opening brief received on February 18, 2020, we conclude thisappeal is frivolous. We therefore deny appellants motion to proceed in formapauperis (Docket Entry No. 2) and dismiss this appeal as frivolous, pursuant to 28 U.S.C. 1915(e)(2). All other pending motions are denied as moot.DISMISSED. (et) Modified on 2/9/2021 (et).
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| Filing 64 FINANCIAL ENTRY: Received $0.77 subsequent payment from plaintiff Darnell Black, Sr on 08/24/2020, receipt number LA210342, re: Order on Request to Proceed In Forma Pauperis with Declaration in Support (CV-60), #11 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (fr) |
| Filing 63 FINANCIAL ENTRY: Received $0.77 subsequent payment from plaintiff Darnell Black, Sr on 08/04/2020, receipt number LA209574, re: Order on Request to Proceed In Forma Pauperis with Declaration in Support (CV-60), #11 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (fr) |
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Filing 62
ORDER Re: Referral Notice and Revocation of In Forma Pauperis Status by Judge R. Gary Klausner, The Court directs the Clerk to notify the Ninth Circuit of this determination, pursuant to the Referral Notice (Dkt. No. #61 ). (jp)
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| Filing 59 NOTICE OF CLERICAL ERROR. Due to clerical error Re: USCA Notification of Case Number #57 , the incorrect docketing event was used and, therefore, the 9th CCA appeal number was not added to the docket. See corrected docket entry at Docket No. #58 . (hr) |
| Filing 61 REFERRAL NOTICE re: Notice of Appeal to 9th Circuit Court of Appeals #55 RECEIVED from 9th Circuit Court. Referred to the District Court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal. (mat) |
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Filing 60
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #55 filed by Darnell Black, Sr. CCA # 20-55123. A review of the district court record reflects that appellant did not sign the notice of appeal. Within 21 days after the date of this order, appellant shall correct the defect by filing a signed copy of the notice of appeal in the district court. If appellant fails to comply with this order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-1. (mat)
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| Filing 58 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55123 assigned to Notice of Appeal to 9th Circuit Court of Appeals #55 as to Plaintiff Darnell Black, Sr. (hr) |
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Filing 57
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #55 filed by Plaintiff Darnell Black, Sr. CCA # 20-55123. (hr)
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| Filing 56 FILING FEE LETTER issued as to plaintiff Darnell Black, Sr, re Notice of Appeal to 9th Circuit Court of Appeals #55 . (mat) |
| Filing 55 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Darnell Black, Sr. Appeal of Judgment, #52 , R&R - Accepting Report and Recommendations, #51 Filed On: 1/21/20; Entered On: 1/21/20; Filing fee $ 505 billed. (mat) |
| Filing 54 Letter re Scanning from Darnell Black (dml) |
| Filing 53 Documents from Darnell Black (dml) |
| Filing 52 JUDGMENT by Judge R. Gary Klausner. In accordance with the Order Accepting Report and Recommendation of United States Magistrate Judge issued concurrently herewith, IT IS ORDERED AND ADJUDGED that Plaintiff's First Amended Complaint is DISMISSED with prejudice, and this action is dismissed. (MD JS-6, Case Terminated). (dml) |
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Filing 51
ORDER ACCEPTING REPORT AND RECOMMENDATIONS OF UNITED STATE MAGISTRATE JUDGE by Judge R. Gary Klausner for NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #29 , Report and Recommendation (Issued) #47 . See Order for details. (dml)
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| Filing 50 OBJECTION to Report and Recommendation (Issued) #47 filed by Plaintiff Darnell Black, Sr.(dml) |
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Filing 49
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Rozella A. Oliver, re: Deficiency in Subsequent Prioner Filing (CV-12A) #48 . The Court hereby orders that the Objections be accepted and directs the Clerk of the Court to file the Objections on the docket for consideration by the Court. The Court reminds Plaintiff that going forward he must comply with the requirements of the pilot program and submit any court documents to the institution where he is incarcerated for scanning and electronic submission to the court. (dml)
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| Filing 48 Notice of Deficiency. On 1/13/2020, the Court received, through the United States Mail, the attached document for filing in the above-captioned case, which alleges claims arising under 42 U.S.C. 1983. Please be advised that the Court and California State Prison, Los Angeles County (LAC) are participants in a pilot project that requires all such documents to be scanned and submitted to the Court by electronic mail, General Order No. 18-02. To submit a document for filing in this case, you must present it to designated staff at your facility for scanning and emailing to the Court. If you are unable to comply with these procedures, you must submit with your document(s) a motion for leave to file your documents by U.S. Mail that demonstrates good cause for your inability to submit your documents to the Court electronically. Submission of this document by U.S. Mail violates the terms of General Order 18-02, it is hereby ORDERED that the document(s) be rejected. You must now re-submit your document(s) to the Court electronically, in accordance to General Order 18-02 and your institution's policies. If you fail to do so, the document(s) will not be filed and will not be considered by the court. (hr) |
| Filing 47 REPORT AND RECOMMENDATION issued by Magistrate Judge Rozella A. Oliver. Re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #29 , Complaint (Prisoner Civil Rights),, #1 (dml) |
| Filing 46 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Rozella A. Oliver. Objections to R&R due by 1/6/2020 (dml) |
| Filing 45 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #29 filed by Plaintiff Darnell Black, Sr. (dml) |
| Filing 44 Defendants' Evidentiary Objection to Plaintiff's Opposition to Motion to Dismiss First Amended Complaint in Support of re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #29 filed by Defendants Bui, B Griffen, James Marcelo, D Park. (Sullinger, Shirley) |
| Filing 43 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #29 filed by Defendants Bui, B Griffen, James Marcelo, D Park. (Attorney Shirley R Sullinger added to party Bui(pty:dft))(Sullinger, Shirley) |
| Filing 42 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #29 filed by Plaintiff Darnell Black, Sr. (dml) |
| Filing 41 ORIGINAL SUMMONS RETURNED (hr) |
| Filing 40 WAIVER OF SERVICE Returned Executed upon B Griffen(official capacity), B Griffen(individual), waiver sent by Plaintiff on 9/26/2019. Waiver of Service signed by Shirley R. Sullinger, Deputy Attorney General. (hr) |
| Filing 39 WAIVER OF SERVICE Returned Executed upon D Park(official capacity), D Park(individual), waiver sent by Plaintiff on 9/26/2019. Waiver of Service signed by Shirley R. Sullinger, Deputy Attorney General. (hr) |
| Filing 38 WAIVER OF SERVICE Returned Executed upon Bui(official capacity), Bui(individual), waiver sent by Plaintiff on 10/29/2019. Waiver of Service signed by Shirley R. Sullinger, Deputy Attorney General. (hr) |
| Filing 37 WAIVER OF SERVICE Returned Executed upon James Marcelo(individual), James Marcelo(official capacity), waiver sent by Plaintiff on 10/29/2019. Waiver of Service signed by Shirley R. Sullinger, Deputy Attorney General. (hr) |
| Filing 36 PROCESS RECEIPT AND RETURN (USM-285) of summons and First Amended Complaint #9 upon B Griffen served on 11/25/2019, served by Federal statute. Remarks: 9/26/19 mailed waiver; waiver received. (hr) |
| Filing 35 PROCESS RECEIPT AND RETURN (USM-285) of summons and First Amended Complaint #9 upon D Park served on 11/25/2019, served by Federal statute. Remarks: 9/26/19 mailed waiver; waiver received. (hr) |
| Filing 34 PROCESS RECEIPT AND RETURN (USM-285) of summons and First Amended Complaint #9 upon Bui served on 11/25/2019, served by Federal statute. Remarks: 9/26/19 mailed waiver; 10/29/19 mailed waiver to new address; waiver received. (hr) |
| Filing 33 PROCESS RECEIPT AND RETURN (USM-285) of summons and First Amended Complaint #9 upon James Marcelo served on 11/25/2019, served by Federal statute. Remarks: 9/26/19 mailed waiver; 10/29/19 mailed waiver to new address; waiver received. (hr) |
| Filing 32 MINUTES (IN CHAMBERS) RE: DEFENDANT'S MOTION TO DISMISS #29 by Magistrate Judge Rozella A. Oliver. Any Opposition shall be filed and served by December 23, 2019. A Reply shall be filed no later than five (5) days from service of the Opposition. The matter will thereafter be taken under submission. (hr) |
| Filing 31 DEFENDANTS' NOTICE UNDER WOODS V. CAREY re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #29 filed by Defendants Bui, B Griffen, James Marcelo, D Park. (Sullinger, Shirley) |
| Filing 30 NOTICE OF INTERESTED PARTIES re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #29 filed by Defendants Bui, B Griffen, James Marcelo, D Park. (Attorney Shirley R Sullinger added to party B Griffen(pty:dft), Attorney Shirley R Sullinger added to party James Marcelo(pty:dft), Attorney Shirley R Sullinger added to party D Park(pty:dft))(Sullinger, Shirley) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Bui(individual), B Griffen(individual), James Marcelo(official capacity), D Park(individual). (Attorney Shirley R Sullinger added to party Bui(pty:dft), Attorney Shirley R Sullinger added to party B Griffen(pty:dft), Attorney Shirley R Sullinger added to party James Marcelo(pty:dft), Attorney Shirley R Sullinger added to party D Park(pty:dft)) (Sullinger, Shirley) |
| Filing 28 PROCESS RECEIPT AND RETURN (USM-285) of summons unexecuted re First Amended Complaint #9 for Doctor Butis. Remarks: 9/26/19 mailed waiver. Per CCHCF staff, various searches were made and defendant Butis could not be found as a CCHCF employee, or contract provider. (hr) |
| Filing 27 AMENDED 21 DAY Summons Issued re First Amended Complaint #9 as to Defendants Bui(official capacity), Bui(individual), Butis(official capacity), Butis(Individual), B Griffen(official capacity), B Griffen(individual), James Marcelo(individual), James Marcelo(official capacity), D Park(official capacity), D Park(individual). (dml) Modified on 8/12/2019: Sent service packet directly to USMS on this date. (dml). |
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Filing 26
MINUTES (IN CHAMBERS) ORDER RE REQUEST FOR APPOINTMENT OF COUNSEL #25 by Magistrate Judge Rozella A. Oliver. Plaintiff's request for appointment of counsel is DENIED without prejudice. (see document for details) (hr)
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| Filing 25 REQUEST for Appointment of Counsel, Large Print, Status filed by Plaintiff Darnell Black, Sr. (dml) |
| Filing 24 NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against Defendants Butis, B Griffen, James Marcelo, D Park #23 . The Clerk cannot enter the requested relief as: No proof of service/waiver of service on file - USM-285 not returned/executed by USMS. Time to respond has not expired. (hr) |
| Filing 23 REQUEST for Entry of Default against Defendants Butis, B Griffen, James Marcelo, D Park filed by Plaintiff Darnell Black, Sr. (hr) |
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Filing 22
NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Rozella A. Oliver, ORDERING Note submitted by Plaintiff Darnell Black, Sr received on 12/12/2018 is not to be filed but instead rejected. Denial based on: Lacking cover page. Relief sought is unclear. Proper filing required. (dml)
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| Filing 21 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendants Butis(official capacity), Butis(Individual), B Griffen(official capacity), B Griffen(individual), James Marcelo(individual), James Marcelo(official capacity), D Park(official capacity), D Park(indi #20 . The Clerk cannot enter the requested relief as: No proof of service/waiver of service on file - USM-285 not returned/executed by USMS. Time to respond has not expired. (dml) |
| Filing 20 REQUEST for Clerk to Enter Default against Defendants Butis(official capacity), Butis(Individual), B Griffen(official capacity), B Griffen(individual), James Marcelo(individual), James Marcelo(official capacity), D Park(official capacity), D Park(individual) filed by Plaintiff Darnell Black, Sr. (dml) |
| Filing 19 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendants Butis(official capacity), Butis(Individual), B Griffen(official capacity), B Griffen(individual), James Marcelo(individual), James Marcelo(official capacity), D Park(official capacity), D Park(indi #18 . The Clerk cannot enter the requested relief as: No proof of service/waiver of service on file - USM 285 not returned/executed by USMS. Time to respond has not expired. (dml) |
| Filing 18 REQUEST for Clerk to Enter Default against Defendants Butis(official capacity), Butis(Individual), B Griffen(official capacity), B Griffen(individual), James Marcelo(individual), James Marcelo(official capacity), D Park(official capacity), D Park(individual) filed by Plaintiff Darnell Black, Sr. (dml) |
| Filing 17 Notice of Deficiency. On 9/28/2018, the Court received, through the United States Mail, the attached document for filing in the above-captioned case, which alleges claims arising under 42 U.S.C. 1983. Please be advised that the Court and California State Prison, Los Angeles County (LAC) are participants in a pilot project that requires all such documents to be scanned and submitted to the Court by electronic mail, General Order No. 18-02. To submit a document for filing in this case, you must present it to designated staff at your facility for scanning and emailing to the Court. If you are unable to comply with these procedures, you must submit with your document(s) a motion for leave to file your documents by U.S. Mail that demonstrates good cause for your inability to submit your documents to the Court electronically. Submission of this document by U.S. Mail violates the terms of General Order 18-02, it is hereby ORDERED that the document(s) be rejected. You must now re-submit your document(s) to the Court electronically, in accordance to General Order 18-02 and your institution's policies. If you fail to do so, the document(s) will not be filed and will not be considered by the court. *FILER MUST ALWAYS INCLUDE COVER PAGE NOTING NAME, ADDRESS, CASE NUMBER ANDDESCRIPTION OF FILING (SEE LOCAL RULE 11-3.8). (hr) |
| Filing 16 NOTICE of Submission of Documents to United States Marshals filed by plaintiff Darnell Black, Sr.(hr) |
| Filing 15 21 DAY Summons Issued re Amended Complaint #9 as to Defendants Butis(official capacity), Butis(Individual), B Griffen(official capacity), B Griffen(individual), James Marcelo(individual), James Marcelo(official capacity), D Park(official capacity), D Park(individual). (dml) |
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Filing 14
ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Rozella A. Oliver. IT IS HEREBY ORDERED that the United States Marshal is authorized to proceed with service of process upon the following defendants only without prepayment of cost, until further Order of the Court: James Marcelo, D. Park, B. Griffen, Butis (dml)
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Filing 13
ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHALS by Magistrate Judge Rozella A. Oliver. The Court has also determined that it would be appropriate for the United States Marshals to serve process without prepayment of costs. See Order for details. (dml) (Additional attachment(s) added on 7/27/2018: #1 Supplement Notice of Submission) (dml). Modified on 7/27/2018: USM service packet sent to plnt via US Mail on this date. (dml).
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Filing 12
ORDER RE CIVIL RIGHTS CASE by Magistrate Judge Rozella A. Oliver. Pursuant to Federal Rule of Civil Procedure 4(m), service of the summons and complaint generally must be accomplished within 90 days after the filing of the complaint. The complaint herein was filed on July 26, 2018. However, since the Court screened the complaint pursuant to 28 U.S.C. 1915(e)(2), 1915A(b), the Court shall extend the 90-day period to commence as of the date of this Order. Accordingly, the 90-day period will expire on October 25, 2018. See Order for details. (dml)
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Filing 11
ORDER by Magistrate Judge Rozella A. Oliver: granting #10 REQUEST to Proceed in Forma Pauperis with Declaration in Support (CV-60). Further ORDER an Initial Partial Filing Fee of $69.07 to be paid within thirty (30) days of the date this order is filed. Failure to remit the initial partial filing fee may result in dismissal of the case. Thereafter, monthly payments shall be forwarded to the Court. (dml)
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| Filing 10 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Darnell Black, Sr.(hr) |
| Filing 9 FIRST AMENDED COMPLAINT amending Complaint (Prisoner Civil Rights) #1 filed by plaintiff Darnell Black, Sr. (hr) |
| Filing 8 MINUTES (IN CHAMBERS) by Magistrate Judge Rozella A. Oliver: granting #7 MOTION for Extension of Time to File. Plaintiff shall file his First Amended Complaint on or before August 19, 2018. (dml) |
| Filing 7 MOTION for Extension of Time filed by plaintiff Darnell Black, Sr.(hr) |
| Filing 6 Notice of Deficiency. On 7/12/2018, the Court received, through the United States Mail, the attached document for filing in the above-captioned case, which alleges claims arising under 42 U.S.C. 1983. Please be advised that the Court and California State Prison, Los Angeles County (LAC) are participants in a pilot project that requires all such documents to be scanned and submitted to the Court by electronic mail, General Order No. 18-02. (See Notice for further details) (hr) |
| Filing 5 Notice of Deficiency. On 6/21/2018, the Court received, through the United States Mail, the attached document for filing in the above-captioned case, which alleges claims arising under 42 U.S.C. 1983. Please be advised that the Court and California State Prison, Los Angeles County (LAC) are participants in a pilot project that requires all such documents to be scanned and submitted to the Court by electronic mail, General Order No. 18-02. To submit a document for filing in this case, you must present it to designated staff at your facility for scanning and emailing to the Court. If you are unable to comply with these procedures, you must submit with your document(s) a motion for leave to file your documents by U.S. Mail that demonstrates good cause for your inability to submit your documents to the Court electronically. Submission of this document by U.S. Mail violates the terms of General Order 18-02, it is hereby ORDERED that the document(s) be rejected. You must now re-submit your document(s) to the Court electronically, in accordance to General Order 18-02 and your institution's policies. If you fail to do so, the document(s) will not be filed and will not be considered by the court. (dml) |
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Filing 4
ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Judge R. Gary Klausner Denying #2 REQUEST for Leave to Proceed without Prepayment of Filing Fee. IT IS RECOMMENDED by Magistrate Judge Rozella A. Oliver for the following reasons(s): Frivolous, malicious, or fails to state a claim upon which relief may be granted. IT IS ORDERED, DENIED, with leave to amend within 30 days. Plaintiff may re-submit the IFP application and Complaint to this Court, if submitted with the Certified Trust Account Statement and Disbursement Authorization. Plaintiff shall utilize the same case number. If plaintiff fails to submit the required documents within 30 days, this case shall be DISMISSED. (et)
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| RECOMMENDATION issued by Magistrate Judge Rozella A. Oliver. Re REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support #2 . Proposed Order forwarded to the District Judge for approval.(dml) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and referred to Magistrate Judge Rozella A. Oliver. (lh) |
| Filing 2 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Plaintiff Darnell Black, Sr. (lh) |
| Filing 1 CIVIL RIGHTS COMPLAINT filed against Defendants Bui(official capacity), Bui(individual), Butis(official capacity), Butis(Individual), B Griffen(official capacity), B Griffen(individual), J Lewis, James Marcelo(individual), James Marcelo(official capacity), S. Morris, S. Morris, D Park(official capacity), D Park(individual), L Sprague(individual), L Sprague(official capacity), A. Swaby(Chief Medical Executive (A), official capacity), A. Swaby(Chief Medical Executive (A), individual) pursuant to 42:1983. Case assigned to Judge R. Gary Klausner and referred to Magistrate Judge Rozella A. Oliver. Filed by Plaintiff Darnell Black, Sr. (lh) |
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