Alston v. Wurster et al
Plaintiff: CD Alston
Defendant: Christy Wurster, County of Sacramento and El Dorado County Sheriff Department
Case Number: 2:2011cv02077
Filed: August 5, 2011
Court: U.S. District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 25, 2013 Opinion or Order Filing 37 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 1/24/13 VACATING 31 Motion to Compel and RECOMMENDING that this action be dismissed with prejudice pursuant to FRCP 41(b). Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
September 10, 2012 Opinion or Order Filing 36 ORDER signed by Judge Kimberly J. Mueller on 9/7/2012 ADOPTING 29 Findings and Recommendations in full; DENYING 28 Motion for Leave of Court construed as a Request to Stay. (Michel, G)
August 20, 2012 Opinion or Order Filing 32 ORDER signed by Magistrate Judge Gregory G. Hollows on 8/20/12 ORDERING on the court's own motion, the 8/30/12 hearing date is VACATED and RESET for 9/6/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows as to 31 MOTION to COMPEL Plaintiff's Deposition Testimony. (Matson, R) Modified on 8/20/2012 (Matson, R).
July 5, 2012 Opinion or Order Filing 30 ORDER adopting 22 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 7/5/12: Plaintiff's claims against defendant "El Dorado County Department of Fish and Game (or against defendant Wurster in her official capacity as an employee of the "El Dorado County Department of Fish and Game") are dismissed with prejudice as barred by the Eleventh Amendment. (Kaminski, H)
July 2, 2012 Opinion or Order Filing 29 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/2/12 recommending that 28 MOTION for leave of court, construed as a request to stay the action, be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Dillon, M)
May 29, 2012 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Gregory G. Hollows on 5/29/12 ORDERING that Defendant Wurster's motion for sanctions 24 is GRANTED IN PART; and As an evidence preclusion sanction under Fed. R. Civ. P. 37, plaintiff shall be precluded from utilizing the audio recording of the incident that forms the basis of this action to supply evidence on any motion, at a hearing, or at trial in this action. (Matson, R)
April 16, 2012 Opinion or Order Filing 22 ORDER and FINDINGS & RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 4/13/2012. The Court is ORDERING 18 U.S. Marshal's Request for Reimbursement is DENIED. Court is also RECOMMENDING plaintiffs claims against defendant El Dor ado County Department of Fish and Game be dismissed with prejudice as barred by 11th Amendment. These F/Rs are REFERRED to District Judge Kimberly J. Mueller. Within 14 days after being served with these F/Rs, any party may file writen Objections with Court and serve a copy on all parties. (Marciel, M)
March 13, 2012 Opinion or Order Filing 21 ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 3/13/2012 ORDERING that plaintiff shall, within 14 days of the date of service of this order, either file a notice of dismissal of defendant "El Dorado County Department of Fish and Game" or show cause why the claims against that defendant should not be dismissed as barred by the Eleventh Amendment. (Reader, L)
December 6, 2011 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/05/11 ORDERING that service is appropriate for the following defendants: Christy Wurster and the El Dorado County Department of Fish and Game; Clerk is directed to issue forthwith, and the U.S . Marshal is directed to serve within 90 days all process including a copy of this court's status order, without prepayment of costs. Clerk shall send plaintiff one USM-285 form for each defendant, one summons, a copy of the complaint, an appro priate form for consent to trial by a magistrate judge, and this court's status order. Plaintiff is directed to supply the U.S. Marshal, within 14 days, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the United States Marshal. (Benson, A.)
October 31, 2011 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Gregory G. Hollows on 10/31/2011 GRANTING plaintiff's 3 Motion to Proceed In Forma Pauperis. Plaintiff's 1 Complaint is DISMISSED and is GRANTED 28 days from date of service to file an Amended Complaint curing deficiencies outlined in Order. (Marciel, M) Modified on 10/31/2011 (Marciel, M).
October 19, 2011 Opinion or Order Filing 6 ORDER granting under conditions 5 Motion to receive service of process via e-mail signed by Magistrate Judge Gregory G. Hollows on 10/19/11: The Clerk shall serve a copy of this order on plaintiff via e-mail. (Kaminski, H)
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Defendant: Christy Wurster
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Defendant: County of Sacramento
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Defendant: El Dorado County Sheriff Department
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Plaintiff: CD Alston
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