Alston v. City of Elk Grove et al
Plaintiff: CD Alston
Defendant: Craig Potter, George Benitez, Chris Morrow, Jeff Murray, City of Elk Grove, Elk Grove Police Department, Robert Lehner, Lance McDaniel, Scott French and Elk Grove Police Department Bureau of Professional Standards
Case Number: 2:2011cv00678
Filed: March 11, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Craig M. Kellison
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 8, 2012 Opinion or Order Filing 50 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/8/2012 RECOMMENDING that the action be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) based on plaintiff's failure to prosecute the action and failure to comply with court orders. The Clerk of Court be directed to close this case. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
May 24, 2012 Opinion or Order Filing 49 ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 05/24/12 ORDERING that within 14 days, plaintiff shall pay defendants' counsel $160.00 in sanctions for plaintiff's failure to appear at the 05/09/12 status conferenc e. Within 14 days of this order, plaintiff shall file a declaration showing cause why this case should not be dismissed with prejudice pursuant to for plaintiff's failure to prosecute the case and comply with court orders. Failure to respond to this order will result in a recommendation that the case be dismissed with prejudice. (Benson, A.)
May 9, 2012 Opinion or Order Filing 42 ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 5/9/2012 ORDERING Plaintiff to file a declaration within 14 days from the date of this order why she failed to appear at the 5/9/2012 status conference; Defendants' counsel shall file a declaration within 14 days from the date of this order outlining all fees and costs reasonably incurred with respect to her appearance at the 5/9/2012 status conference. (Waggoner, D)
March 27, 2012 Opinion or Order Filing 36 ORDER signed by Judge Kimberly J. Mueller on 3/26/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/15/11 23 are ADOPTED and Plaintiff's MOTION for TEMPORARY RESTRAINING ORDER and a Preliminary Injunction 14 is DENIED. (Mena-Sanchez, L)
December 12, 2011 Opinion or Order Filing 26 ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/9/11 ORDERING that Service of the second amended complaint is appropriate for defendants McDaniel, Morrow, Benitez, Murray, the Elk Grove PD, and the City of Elk Grove; The Clerk is directed t o issue all process, as well as a copy of the undersigned's order setting a status conference; The Clerk shall make the following documents available for plaintiff at its public counter: one USM-285 form for each defendant, one summons, a copy o f the complaint, a consent to magistrate judge form, and this court's order setting status conference. Plaintiff shall pick up those documents within 7 days from the date this order is filed; Plaintiff shall enroll in the court's ECF syste m by appearing at the Clerk's Office within 7 days from the date this order is filed and providing: a copy of this order; proof of photo identification; and a General Delivery address, which can be obtained from the U.S. Postal Service. Upon pl aintiff's compliance with these conditions, the Clerk shall enroll plaintiff in the ECF system and shall create a docket entry reflecting plaintiff's compliance and enrollment; Plaintiff is directed to provide to the US Marshal, within 21 d ays from the date this order is filed, all information needed by the Marshal to effect service of process, and file a statement with the court that said documents have been submitted to the US Marshal. The court anticipates that, to effect service, the U.S. Marshal will require at least: One completed summons for each defendant; One completed USM-285 form for each defendant; One copy of the endorsed filed complaint for each defendant, with an extra copy for the U.S. Marshal; One copy of this co urt's status order and related documents for each defendant; and One copy of the instant order for each defendant; The US Marshal is directed to serve within 90 days of the date of this order, all process, including a copy of this court's o rder setting status conference, without prepayment of costs; Pursuant to plaintiff's consent 25 , defendants Lehner, Elk Grove PD Bureau of Professional Standards, Craig Potter, and Scott French are dismissed from the action with prejudice; The Clerk is directed to serve a copy of this order on the US Marshal. The Clerk is further directed to serve a copy of this order on plaintiff via e-mail at liberty.justice.iv.all@gmail.com; Failure to comply with this order may result in a recommendation that this action be dismissed with prejudice. (cc USM) (Becknal, R)
November 15, 2011 Opinion or Order Filing 23 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/14/2011 ORDERING that Plaintiff's 13 motion to receive service of process via e-mail is GRANTED under the following conditions. Plaintiff will be permi tted to enroll in the court's electronic filing system on the condition that she personally appear at the Clerk's Office within fourteen (14) days of service of this order and provide: (1) a copy of this order; (2) proof of photo identifica tion; and (3) a General Delivery address, which can be obtained from the U.S. Postal Service. Upon plaintiff's compliance with these conditions, the Clerk shall enroll plaintiff in the ECF electronic filing system and shall create a docket entry reflecting plaintiff's compliance and enrollment. The Clerk shall immediately serve a copy of this order and the Court's 22 order on plaintiff via e-mail at liberty.justice.iv.all@gmail.com. Plaintiff will be GRANTED 28 days from th e date of service of this order to amend her complaint, if she elects to do so, in accordance with the court's 10/14/2011 order. IT IS ALSO HEREBY RECOMMENDED that plaintiffs 14 motion for a temporary restraining order and a preliminary injunction be denied. Motion referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
October 14, 2011 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/13/11 DISMISSING with leave to amend plaintiff's claims against defendants Lehner, Elk Grove Police Department Bureau of Professional Standards, Craig Potter, and Scott French. Additional ly, the 3rd, 6th, 8th, 10th, 11th, 17th, 18th, and 19th causes of action are DISMISSED with leave to amend. Plaintiff is GRANTED 28 days from the date of service of this order to amend her complaint to cure the deficiencies outlined in this order. I f plaintiff elects to amend, any third amended complaint shall bear the docket number, labeled third amended complaint, and not exceed 20 pages. Upon filing an amended complaint or expiration of the time allowed, the court will make further orders for service of process upon some or all of the defendants. (Meuleman, A)
July 22, 2011 Opinion or Order Filing 17 ORDER signed by Magistrate Judge Craig M. Kellison on 07/22/11 ORDERING that plf's 11 , 13 Motions to Seal are DENIED; absent further order of the court, the Clerk shall file all documents submitted by plf regardless of whether plf makes a request to seal documents. Clerk to file all documents submitted by plf on 07/06/11 and 07/21/11 ( 11 , 12 , 13 , 14 , 15 , 16 ); plf's 12 , 16 Amended Complaints are DISMISSED with 30 days leave to amend. (Benson, A.)
June 7, 2011 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Craig M. Kellison on 6/6/2011 GRANTING plaintiff's 2 Motion to Proceed IFP. CD Alston's 1 Complaint is DISMISSED and he is GRANTED leave to file Amended Complaint within 30 days of date of service for this Order. Plaintiff's 5 Motion to Proceed under pseudonym and 6 Motion to correspond through e-mail are both DENIED. (Marciel, M)
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Search for this case: Alston v. City of Elk Grove et al
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Defendant: Craig Potter
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Defendant: George Benitez
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Defendant: Chris Morrow
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Defendant: Jeff Murray
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Defendant: City of Elk Grove
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Defendant: Elk Grove Police Department
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Defendant: Robert Lehner
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Defendant: Lance McDaniel
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Defendant: Scott French
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Defendant: Elk Grove Police Department Bureau of Professional Standards
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Plaintiff: CD Alston
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