Alston v. Tassone et al
Plaintiff: CD Alston
Defendant: Bruce Smith, County of Sacramento, Sacramento County Sheriff Department, Scott Jones, Matt Morgan, Jeana Zwolinski and Paul Tassone
Case Number: 2:2011cv02078
Filed: August 5, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Gregory G. Hollows
Presiding Judge: John A. Mendez
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
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
October 24, 2012 Opinion or Order Filing 37 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/23/2012 RECOMMENDING that this action be dismissed with prejudice. Referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
July 27, 2012 Opinion or Order Filing 35 ORDER signed by Judge John A. Mendez on 7/27/12 ORDERING that the FINDINGS AND RECOMMENDATIONS 33 are ADOPTED IN FULL; Plaintiff's MOTION for Leave of Court 32 , construed as a Request to Stay the Action is DENIED. (Mena-Sanchez, L)
July 2, 2012 Opinion or Order Filing 33 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/2/12 recommending that 32 MOTION for leave of court, construed as a request to stay the action, be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
June 22, 2012 Opinion or Order Filing 31 ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/21/2012 ORDERING The portions of paragraphs 34, 55, and 93 in the first amended complaint 11 that refer to Lance McDaniel or plaintiff's action and claim s pending against McDaniel and the City of Elk Grove in another action 2:11-CV-678 KJM CKD are STRICKEN; Further amendment of the complaint is not allowed until final resolution of the motion to dismiss by the district judge; any formal discovery in this matter is STAYED; pending final resolution of the motion to dismiss by the district judge; plaintiffs purported "motion for summary judgment" 25 is DENIED without prejudice as procedurally improper; the US Marshal's 24 , 28 r equests for reimbursement of service costs are DENIED; The Clerk of Court shall serve a copy of this order on the USM; RECOMMENDING that defendants' motion to dismiss be granted in part and denied in part; Referred to Judge John A. Mendez; Defen dants County of Sacramento, Sacramento County Sheriff Dept, Jeana Zwolinski, Matt Morgan, and Scott Jones be dismissed from the action with prejudice; Plaintiff's claims against defendants Tassone and Smith be dismissed with prejudice; Plaintiff be required to file a second amended complaint in accordance with the F & R's within 28 days of the district judge adopting the F & R's, if they are adopted; Objections due within 14 days after being served with these F & R's. (cc: USM)(Reader, L)
March 5, 2012 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Gregory G. Hollows on 3/5/12 ORDERING that the 3/15/12 hearing on defendants' MOTION to Dismiss and MOTION to Strike 21 is VACATED. The Motions are submitted on the record with a written order and/or findings and recommendations to follow.(Mena-Sanchez, L)
December 16, 2011 Opinion or Order Filing 17 ORDER signed by Judge John A. Mendez on 12/15/2011 ORDERING The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to ADOPT 10 the Findings and Recommendations in full. Accordingly, IT IS ORDERED that plaintiff's motion 9 for a temporary restraining order and a preliminary injunction is DENIED. (Reader, L)
December 6, 2011 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Gregory G. Hollows on 12/05/11 ORDERING that service is appropriate for defendants: Tassone, Smith, Jones, Morgan, Zwolinski, Sacramento County Sheriff Department, and the County of Sacramento; Clerk is directed to is sue 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 o f the complaint, an appropriate 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.)
November 15, 2011 Opinion or Order Filing 10 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/15/2011 RECOMMENDING that plaintiff's 9 motion for a temporary restraining order and a preliminary injunction be denied. Motion referred to Judge John A. Mendez. Objections to F&R due within 14 days. (Zignago, K.)
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. Plaintiff's claims aginst defendants Zwolinski, Jones, Morgan and Sacramento County Sheriff Department Bureau of Professional Standards are DISMISSED with leave to amend. Plaintiff is GRANTED 28 days from date of service to amend her Complaint and cure the deficiencies outlined in Order. (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: Bruce Smith
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Defendant: County of Sacramento
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Defendant: Sacramento County Sheriff Department
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Defendant: Scott Jones
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Defendant: Matt Morgan
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Defendant: Jeana Zwolinski
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Defendant: Paul Tassone
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Plaintiff: CD Alston
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