Dean Himbler Aviles v. County of Los Angeles
| Dean Himbler Aviles |
| County of Los Angeles, City of Long Beach, George Gascon, Robert G. Luna, Chief Wally Hebeish and Maria Yesenia Valenzuela |
| 2:2023cv02102 |
| March 21, 2023 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Jean P Rosenbluth |
| Mark C Scarsi |
| Autumn D Spaeth |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER DISMISSING ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(B). Plaintiff Dean Himbler Aviles brings this action against Defendant County of Los Angeles and others. The Court denied Plaintiff's request to proceed in forma pauperis and dismissed the Complaint for lack of subject-matter jurisdiction and for failure to state a claim #9 . The Court ordered Plaintiff to file an amended request to proceed in forma pauperis and amended complaint within 30 days and warned that failure to do so would result in dismissal of the case without prejudice. Plaintiff did not timely do so. Having considered these factors, dismissal is warranted for failure to prosecute and failure to comply with a court order. The case is dismissed without prejudice. This Order shall constitute notice of entry of judgment pursuant to Federal Rule of Civil Procedure 58. Pursuant to Local Rule 58-6, the Court directs the Clerk to treat this Order, and its entry on the docket, as an entry of judgment. (Made JS-6. Case Terminated.) (lc)
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Filing 9
ORDER ON REQUEST TO PROCEED IN FORMA PAUPERIS (NON-PRISONER CASE by Judge Mark C. Scarsi: Court finds that the party who filed the Request has not submitted enough information for the Court to tell if the filer is able to pay the filing fees. This is what is missing: The request is unsigned in violation of Local Rules 5-4.3.4 and 11- 1. The filing may be stricken under Federal Rule of Civil Procedure ll(a). As explained in the attached statement, the Request is DENIED because #4 :The action fails to state a claim upon which relief may be granted. Within 30 days of the date of this Order, the filer must do the following: Plaintiff must file an amended IFP request and amended complaint correcting the deficiencies identified in this Order. If the filer does not comply with these instructions within 30 days, this case will be DISMISSED without prejudice (lc)
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| Filing 8 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER #2 . Plaintiff Dean Himbler Aviles applies ex parte for a temporary restraining order against Defendants County of Los Angeles, City of Long Beach, George Gascon, Robert G. Luna, Wally Hebeish, and Maria Yesenia Valenzuela. The Court deems this matter appropriate for decision without a hearing. Plaintiff's argument is little more than a summary distillation of the allegations in his complaint and fails to address any of the Winter factors. In any event, Plaintiffs request is meritless, even with the benefit of a liberal construction. Plaintiffs ex parte application is denied without prejudice to renewal. (lc) |
| Filing 7 NOTICE OF CLERICAL ERROR: Due to clerical error, this case was assigned to Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Autumn D. Spaeth. The case is now assigned to Judge Mark C. Scarsi and Magistrate Judge Jean P. Rosenbluth. The case will now reflect the initials of the transferee Judge 2:23-cv-02102 MCS(JPR). (rn) |
| Filing 6 NOTICE OF CLERICAL ERROR: Due to clerical error the Case has been reassigned from Judge Jesus G. Bernal and Magistrate Judge Jean P. Rosenbluth to Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Autumn D. Spaeth for all further proceedings. The case will now reflect the initials of the transferee Judge 2:23-cv-02102 MEMF(ADS). (rn) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and referred to Magistrate Judge Jean P. Rosenbluth. (jtil) |
| Filing 4 REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Plaintiff Dean Himbler Aviles. (jtil) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Dean Himbler Aviles. (jtil) |
| Filing 2 APPLICATION for Temporary Restraining Order as to Temporary Protective Order Directing the Defendants to Transfer to the Levying Officer Possession of Property in Defendants Possession filed by Plaintiff Dean Himbler Aviles. (jtil) |
| Filing 1 COMPLAINT filed by Plaintiff Dean Himbler Aviles against Defendants City of Long Beach, County of Los Angeles, George Gascon, Wally Hebeish, Robert G. Luna, Maria Yesenia Valenzuela Case assigned to Judge Jesus G. Bernal and referred to Magistrate Judge Jean P. Rosenbluth. (Attachments: #1 CV71) #2 Summons Request 1, #3 Summons Request 2, #4 Summons Request 3, #5 Summons Request 4, #6 Summons Request 5, #7 Summons Request 6, #8 Summons Request 7) (jtil). Modified on 3/21/2023 (jtil). |
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