Cyprian v. Givens et al
Plaintiff: Lawrence Cyprian
Defendant: Derrick Givens, P. Rogers, K. Providence and K. L. Dickinson
Case Number: 2:2009cv02704
Filed: September 29, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: John F. Moulds
Presiding Judge: John F. Moulds
Nature of Suit: Plaintiff
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 27, 2012 Opinion or Order Filing 96 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 6/26/12 RECOMMENDING that Plaintiffs federal claims be dismissed for failure to state a claim upon which relief may be granted; Plaintiffs state law claims be dismissed without prejudice; and this action be dismissed without leave to amend. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
January 19, 2012 Opinion or Order Filing 88 ORDER signed by Judge John A. Mendez on 1/10/2012 DISREGARDING the 86 Proposed Order re Judgment of Dismissal. (Michel, G)
December 19, 2011 Opinion or Order Filing 85 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 12/19/2011 RECOMMENDING that defendants' 71 renewed motion to dismiss be granted; plaintiff's equal protection and due process claims arising out of the alleged iss uance of false disciplinary charges be dismissed with leave to amend; plaintiff's claim of interference with his right to access the courts be dismissed without leave to amend; plaintiff's Eighth Amendment claim of deliberate indifference t o his serious medical needs be dismissed without leave to amend; plaintiff be granted thirty days from the date of any order by the district court adopting these findings and recommendations to file a fourth amended complaint raising only his equal p rotection and/or due process claims arising from the alleged issuance of false disciplinary charges; and defendants not be required to respond to any fourth amended complaint until it is screened by this court pursuant to 28 U.S.C. § 1915A. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
December 9, 2011 Opinion or Order Filing 84 ORDER denying 74 Motion for Reconsideration signed by Judge John A. Mendez on 12/8/11. (Kaminski, H)
November 9, 2011 Opinion or Order Filing 83 ORDER signed by Magistrate Judge John F. Moulds on 11/9/11 DENYING 81 renewed motion to appoint counsel. (Dillon, M)
August 15, 2011 Opinion or Order Filing 75 ORDER signed by Magistrate Judge John F. Moulds on 8/12/11: Within thirty days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement of non-opposition. (Kaminski, H)
July 22, 2011 Opinion or Order Filing 72 ORDER signed by Judge John A. Mendez on 7/22/2011 adopting 64 FINDINGS AND RECOMMENDATIONS in full; GRANTING 33 Motion for Summary Judgment by defendant Newman. (Waggoner, D)
July 8, 2011 Opinion or Order Filing 69 ORDER denying 66 Motion for Reconsideration signed by Judge John A. Mendez on 7/8/11; The Court does not find that the Magistrate Judge's ruling was clearly erroneous or contrary to law. If Defendants desire further clarification as to the Magistrate Judge's Order, such a request for clarification should be directed to the Magistrate Judge. (Matson, R)
June 8, 2011 Opinion or Order Filing 64 ORDER AND AMENDED 62 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 7/7/2011 ORDERING that dft Newman's 58 supplemental request for judicial notice is GRANTED; and RECOMMENDING that dft Newman's 33 motion for summary judgment be granted. Referred to Judge John A. Mendez; Objections due w/in 14 days. (Yin, K)
June 7, 2011 Opinion or Order Filing 62 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 6/6/11 ORDERING that defendant Newmans 58 supplemental request for judicial notice is GRANTED; it is RECOMMENDED that 33 motion to dismiss; motion for summary judgment be granted. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
April 8, 2011 Opinion or Order Filing 53 ORDER signed by Magistrate Judge John F. Moulds on 4/7/2011 ORDERING that pltf is RELIEVED of any further obligation to comply w/ the court's 11/16/10 order; dft Newman's 1/6/11 request for judicial notice is GRANTED; the 32 , 33 motions to dismiss are converted to motions for summary judgment w/ respect to all claims except the claim raised against dft Sanchez and the deliberate indifference claim raised against dfts DeMars and Dickinson; pltf is REFERRED to the provisions of the t his court's 9/14/10 order w/ respect to the requirements for opposition of a motion for summary judgment; the parties have 30 days to file further briefing and evidence in support of and opposition to the pending motions for summary judgment; and pltf's 37 motion to amend is DENIED w/out prejudice. (Yin, K)
March 25, 2011 Opinion or Order Filing 51 ORDER signed by Magistrate Judge John F. Moulds on 03/25/11 ordering within 14 days from the date of this order defenant E.A. Mitchell shall pay to the U.S. Marshal the sum of $153.70, unless within that time defendant Mitchell files a written statement showing good cause for his failure to waive service. The court does not intend to extend this 14 day period. The clerk of the court shall serve a copy of this order on the U.S. Marshal. (Plummer, M)
November 16, 2010 Opinion or Order Filing 29 ORDER signed by Magistrate Judge John F. Moulds on 11/15/10 ordering the clerk of the court is directed to send to plaintiff 1 USM-285 form, instruction sheet and a copy of the 03/26/10 amended complaint to be completed and returned within 60 days. (Plummer, M)
December 23, 2009 Opinion or Order Filing 18 ORDER signed by Magistrate Judge John F. Moulds on 12/22/09 ORDERING that 13 Motion to Amend the Complaint is GRANTED; Plaintiffs amended and supplemental complaints, filed 12/4/09, are DISMISSED with leave to amend within 30 days. Plaintiff's 16 Motion to Appoint Counsel is DENIED.(Dillon, M)
October 14, 2009 Opinion or Order Filing 5 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Lawrence Cyprian signed by Magistrate Judge John F. Moulds on 10/13/09. CDC is to collect an initial partial filing fee and thereafter monthly payments and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)
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Plaintiff: Lawrence Cyprian
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Defendant: Derrick Givens
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Defendant: P. Rogers
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Defendant: K. Providence
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Defendant: K. L. Dickinson
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