Luster v. Amezcua et al
Plaintiff: Daphnye S. Luster
Defendant: Raul H. Amezcua, Debra K. Johnson, L Perez, M. Villegas and B Fortner
Case Number: 1:2016cv00554
Filed: April 20, 2016
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Madera
Presiding Judge: Dennis L. Beck
Presiding Judge: Dale A. Drozd
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
April 1, 2019 Opinion or Order Filing 57 FINDINGS and RECOMMENDATIONS Recommending That Defendant's 37 Motion for Summary Judgment be Granted, on the Ground That Plaintiff's Claims are Barred by Heck v. Humphrey, signed by Magistrate Judge Gary S. Austin on 4/1/19. Objections to F&R Due Within Fourteen Days. (Marrujo, C)
March 27, 2019 Opinion or Order Filing 56 ORDER granting Defendant's Motion for Protective Order 39 ; denying Plaintiff's Motion for Protective Order 50 ; staying Discovery, except for limited purpose described by this order pending resolution of Defendant's Motion for Summary Judgment signed by Magistrate Judge Gary S. Austin on 3/27/2019. (Lundstrom, T)
March 8, 2019 Opinion or Order Filing 54 ORDER DENYING 51 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 3/7/2019. (Sant Agata, S)
February 15, 2019 Opinion or Order Filing 45 ORDER GRANTING Plaintiff's 44 & 43 Motion for Extension of Time to Respond to Defendant's Motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 2/14/19. (Marrujo, C)
September 24, 2018 Opinion or Order Filing 28 ORDER ADOPTING 26 Findings and Recommendations; ORDER for This Case to Proceed Only Against Defendant Amezcua for Retaliation Under the First Amendment, and Dismissing All Other Claims and Defendants for Failure to State a Claim, signed by Chief Judge Lawrence J. O'Neill on 9/22/18. (Marrujo, C)
August 27, 2018 Opinion or Order Filing 26 FINDINGS and RECOMMENDATIONS Recommending that this Case Proceed Against Defendant Amezcua for Retaliation under the First Amendment, and that all other Claims and Defendants be Dismissed for Failure to State a Claim signed by Magistrate Judge Gary S. Austin on 08/26/2018. Referred to Judge O'Neill; Objections to F&R due by 09/13/2018. (Flores, E)
June 14, 2018 Opinion or Order Filing 25 ORDER VACATING 23 Findings and Recommendations; ORDER DEEMING 24 Second Amended Complaint Timely Filed, signed by Magistrate Judge Gary S. Austin on 6/13/18. (Marrujo, C)
May 22, 2018 Opinion or Order Filing 23 FINDINGS and RECOMMENDATIONS recommending that pursuant to 28:1915A and 28:1915(e), this action be Dismissed, with prejudice, based on Plaintiff's failure to state a claim upon which relief may be granted under section 1983 and that this dismiss al be subject to the "three-strikes" provision re 20 Amended Prisoner Civil Rights Complaint filed by Daphnye S. Luster ; referred to Judge O'Neill, signed by Magistrate Judge Gary S. Austin on 05/22/18. Objections to F&R due by 6/8/2018(Martin-Gill, S)
April 17, 2017 Opinion or Order Filing 15 FINDINGS and RECOMMENDATIONS recommending that This Case be DISMISSED, With Prejudice, for Failure to State a Claim Upon Which Relief May Be Granted re 1 Complaint signed by Magistrate Judge Gary S. Austin on 4/17/2017. Referred to Judge Drozd. Objections to F&R due within fourteen (14) days. (Jessen, A)
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Plaintiff: Daphnye S. Luster
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Defendant: Raul H. Amezcua
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Defendant: Debra K. Johnson
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Defendant: L Perez
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Defendant: M. Villegas
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Defendant: B Fortner
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