Hart v. Young, et al
Plaintiff: Richard Hart
Defendant: Kimberlyn Young, G. Swarthout and S. Cervantes
Case Number: 2:2014cv02732
Filed: November 20, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Solano
Presiding Judge: Dale A. Drozd
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 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
December 5, 2018 Opinion or Order Filing 35 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/4/2018 RECOMMENDING that 34 Amended Prisoner Civil Rights Complaint be dismissed for failure to state a claim upon which relief may be granted. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
September 28, 2017 Opinion or Order Filing 31 ORDER signed by District Judge John A. Mendez on 9/28/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 4/3/17 30 are ADOPTED in full; Defendants' MOTION to DISMISS 26 is GRANTED. Plaintiff's due process claim under the Fourtee nth Amendment is DISMISSED without prejudice; Plaintiff's access-to-courts claim under the First Amendment is dismissed without prejudice; Plaintiff may file an emended complaint within 30 days of this order in accordance with the directions established in the findings and recommendations 30 at 11; and If Plaintiff fails to file a timely complaint within 30 days, then this case shall be dismissed with prejudice.(Mena-Sanchez, L)
April 4, 2017 Opinion or Order Filing 30 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 04/03/17 recommending that defendants' motion to dismiss 26 be granted. Plaintiff's due process claim under the Fourteenth Amendment be dismissed without prejudice. Plaintiff's access to courts claim under the First Amendment be dismissed without prejudice. MOTION to DISMISS 26 referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
July 14, 2016 Opinion or Order Filing 18 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/16 ordering the Clerk of the Court is directed to send plaintiff a blank summons and two USM-285 forms. Within thirty days, plaintiff shall submit to the court the completed summons and USM-285 forms for defendants S. Cervantes and Kimberlyn Young required to effect service. (Plummer, M)
April 15, 2016 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/15/16 GRANTING 14 Motion for Extension of time; Clerk to send plaintiff: 1 Summons, 2 USM-285 Forms, and 1 copy of the Complaint filed on 11/20/14; Within 30 days from the date of this order, plaintiff shall complete the Notice of Submission of Documents and submit the proper documents to the court.(Dillon, M)
March 25, 2016 Opinion or Order Filing 15 ORDER ADOPTING 8 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge John A. Mendez on 3/25/2016. Defendant G. Swarthout (Warden) is DISMISSED from this action. (Marciel, M)
December 18, 2015 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 12/18/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Richard Hart and forward payment to the court until the balance is pa id in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit to the Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial)(Dillon, M)
December 2, 2014 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Dale A. Drozd on 12/2/2014 ORDERING plaintiff to submit within 30 days either the $400.00 filing fee or a properly completed ifp application; and the Clerk shall send plaintiff an ifp application.(Yin, K)
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Plaintiff: Richard Hart
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Defendant: Kimberlyn Young
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Defendant: G. Swarthout
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Defendant: S. Cervantes
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