Myers v. Winn Law Group, APC, et al.
Plaintiff: David Myers
Defendant: Brian N. Winn, Naomi S. Rust, Winn Law Group, APC and Discover Card
Case Number: 2:2011cv02372
Filed: September 8, 2011
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
March 29, 2013 Opinion or Order Filing 12 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/28/13: ORDERING that the previously-filed Proposed Findings and Recommendations 10 , which recommended dismissal of this action with prejudice, are hereby withdrawn.RECOMMENDING that plaintiff's acion be dismissed without prejudice. The Clerk of Court be directed to close this case and vacate all dates. F&R referred to Judge John A. Mendez. Objections to F&R due within fourteen days. (Kaminski, H)
March 8, 2013 Opinion or Order Filing 10 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/8/13 RECOMMENDING that Plaintiff's action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) and Local Rules 110 and 183(a); The Clerk of Court be directed to close this case and vacate all dates. Referred to Judge John A. Mendez; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
December 20, 2012 Opinion or Order Filing 9 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 12/20/12: IT IS ORDERED that Plaintiff shall show cause in writing, no later than 1/21/13, why this case should not be dismissed for plaintiff's failure to prosecute the action and failure to follow the court's 8 Order. On or before 1/21/13, plaintiff shall file a Second Amended Complaint that addresses the issues raised in 8 Order. Plaintiff's failure to file the required writing and the Second Amended Com plaint shall constitute an additional ground for, and plaintiff's consent to, the imposition of appropriate sanctions, including a recommendation that plaintiff's case be involuntarily dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) and Local Rules 110 and 183(a). (Meuleman, A)
October 18, 2012 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Kendall J. Newman on 10/17/2012. The 7 First Amended Complaint is DISMISSED with leave to amend. Plaintiff is GRANTED 30 days from date of Order to file an Amended Complaint complete in itself and which addresses deficiencies herein. (Marciel, M)
January 5, 2012 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Kendall J. Newman on 01/14/12 ORDERING that plaintiff shall have until 0/19/12 to file his amended pleading in accordance with this order and the undersigned's prior order of 3 10/28/11. Failure to timely file an amended complaint in accordance with this order will result in a recommendation that plaintiff's action be dismissed. (Benson, A.)
October 18, 2011 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/11 ORDERING that Plaintiffs 2 Application To Proceed In Forma Pauperis is GRANTED. Plaintiff's 1 complaint is dismissed with leave to amend. Plaintiff is GRANTED 30 days from the date of this order to file an amended complaint. (Kastilahn, A)
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Defendant: Brian N. Winn
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Defendant: Naomi S. Rust
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Defendant: Winn Law Group, APC
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Defendant: Discover Card
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Plaintiff: David Myers
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