Wilburn v. Bratcher et al
| Terrence Lamar Wilburn |
| Garren Bracher, Bobby Daniels, G. Chargin, J. Yepes, S. Sood, J. Ratcliffe, K. Patton, Laura West, Teresa Huang, Lawrence Yee, Helena Gweon, Hester, Samuel D. Somers, Jr., Scott R. Jones, City of Sacramento, The County of Sacramento, Sacramento County District Attorney, Sacramento County Sheriff's Department, Sacramento Police Department and Sacramento County Public Defenders Office |
| 2:2015cv00699 |
| March 27, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Gregory G. Hollows |
| Troy L. Nunley |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
90
ORDER signed by Magistrate Judge Gregory G. Hollows on 12/12/16 ORDERING that the 89 Motion to Appoint Counsel is DENIED without prejudice to its presentation to USCA. (Benson, A)
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Filing
88
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/22/2016 DENYING 87 Motion to Proceed IFP. The Clerk of the Court shall transmit this Order to the Ninth Circuit Court of Appeals. (cc: USCA) (Zignago, K.)
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Filing
81
FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/27/2016 RECOMMENDING that Plaintiff's 61 First, Second and Third claims be dismissed with prejudice for failure to state a claim under federal law; Plaintiffs Fou rth, Fifth, Sixth Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth and Fifteenth Claims be dismissed without prejudice so they may be repleaded in the State court if plaintiff so wishes. Plaintiff may if he so chooses, within 30 days of the service of this Order file a Second Amended Complaint only for violation of his Eighth Amendment right to be free of cruel and unusual punishment resulting from Doe 1's alleged failure to protect him from serious bodily injury while incarcerated. Referred to Judge Troy L. Nunley; Objections due within 14 days after being served with these F & R's.(Reader, L)
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Filing
72
ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 6/16/2016 ORDERING The hearing date of 6/23/2016 is VACATED, and may, or may not, be reset after 6/30/2016. Plaintiff shall show cause, in writing, no later than 6/30/2016 why sanctions should not be imposed for failure timely to file opposition or a statement of non-opposition to the pending motion. Plaintiff is directed to file opposition, if any, to the motion, or a statement of non-opposition thereto, no later than 6/30/2016.(Reader, L)
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Filing
60
ORDER signed by Magistrate Judge Gregory G. Hollows on 4/5/16 GRANTING Plaintiff 30 days from the date of service of this order to file an amended complaint that complies with the terms of the district judge's dismissal and the undersigned 9;s findings and recommendations; the requirements of the FRCP, and the Local Rules of Practice; the amended complaint must bear the docket number assigned this case and must be labeled "First Amended Complaint;" failure to file an amended complaint will result in a recommendation that this action be dismissed. (Jackson, T)
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Filing
59
ORDER signed by District Judge Troy L. Nunley on 3/30/2016 FINDINGS AND RECOMMENDATIONS 54 are ADOPTED in FULL; Plaintiff's motion 6 to remand is DENIED; Defendant Helena Gweon's 20 Motion to Dismiss is GRANTED without leave to amend; Defendant Garren Bratcher's 15 motion to Strike is GRANTED with leave to amend as to Claims 4-13; Claims 1-3 are DISMISSED sua sponte as to Bratcher with leave to amend; Defendants City of Sacramento et al 5 Motion to Dismiss is GRANTED; Defendants County of Sacramento et al 10 Motion to Dismiss is GRANTED. (Reader, L)
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Filing
54
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/28/2015 DENYING defendants' 16 , 22 , 43 , 46 requests for judicial notice; and GRANTING in part plaintiff's 53 request for judicial notice . IT IS RECOMMENDED that plaintiff's 6 motion to remand be denied; Judge Gweon's 20 motion to dismiss be granted without leave to amend; Bratcher's 15 special anti-SLAPP motion to strike be granted; the City Defendant's [ 5] motion to dismiss be granted as to the claims stated within; the County Defendants' 10 motion to dismiss be granted as to the claims stated within. Referred to Judge Troy L. Nunley; Objections due within 14 days. (See Findings and Recommendations for Details) (Yin, K)
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Filing
50
ORDER signed by Magistrate Judge Gregory G. Hollows on 10/19/15 ORDERING that plaintiff's 34 Motion for Leave to Amend is DENIED; plaintiff's 35 Motion to Strike Motions to Dismiss is DENIED; plaintiff's 7 Motion to Proceed IFP is DENIED; City defendant's 12 Motion to Amend their Notice of Removal is GRANTED. Defendants must file oppositions to plaintiff's 6 Motion to Remand within 14 days; defendants may file their oppositions separately, or they may join in a single opposition as long as it is signed by counsel for each defendant. Plaintiff must file any reply within 14 days of the service of the last defendant's opposition. (Benson, A)
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Filing
32
ORDER signed by Magistrate Judge Gregory G. Hollows on 6/10/15 ORDERING that the 6/18/15 hearing on the motions to dismiss 15 , 20 filed by defendants Bratcher and Gweon, and the 8/6/15 hearing on plaintiff's 6 , 28 motion to remand, ar e VACATED. Plaintiff's 29 motion to continue, construed as a request for extension of time in which to file an opposition, is GRANTED IN PART. Plaintiff shall file his opposition to defendant Gweon's motion to dismiss by 7/9/2015. The motions will be submitted on the record after the time for filing opposition and replies have passed. (Kastilahn, A)
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Filing
27
ORDER signed by Magistrate Judge Gregory G. Hollows on 5/26/15 ORDERING that the 6/4/15 hearing on the motions to dismiss 5 , 10 are VACATED; and the motions are SUBMITTED on the record. (Kastilahn, A)
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