Owens v. Rapoport
| Theon Owens |
| Elena Rapoport |
| 2:2016cv00273 |
| February 11, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Carolyn K. Delaney |
| Troy L. Nunley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
47
ORDER ADOPTING 43 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 03/27/18; DENYING defendants' 31 Motion to Dismiss, as to defendant Rapoport with respect to the Fourteenth Amendment substantive due process claim and against defendant Virga with respect to the First Amendment retaliation claim; Plaintiff's procedural due process claim against defendant Rapoport is DISMISSED; all claims for monetary damages against the defendants in their official capacities are DISMISSED; and DENYING plaintiff's 42 Motion to process the case as moot. (Benson, A.)
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Filing
43
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/2/2018 RECOMMENDING defendants' 31 motion to dismiss be denied against defendant Rapoport with respect to the Fourteenth Amendment substantive due process clai m and against defendant Virga with respect to the First Amendment retaliation claim; the procedural due process claim against defendant Rapoport be dismissed; all claims for monetary damages against the defendants in their official capacities be dis missed; defendants' claims of qualified immunity be denied without prejudice to renewal at a later stage of the proceedings; and plaintiff's 42 motion to process the case be denied as moot. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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Filing
36
ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/6/2017 GRANTING 34 Motion for Extension of Time. Plaintiff to file and serve a response to 31 Motion to Dismiss within 30 days from the date of this order. Defendants' reply, if any, to be filed within 7 days thereafter. (Henshaw, R)
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Filing
30
ORDER signed by District Judge Troy L. Nunley on 3/20/2017 ADOPTING IN FULL 20 Findings and Recommendations; DISMISSING Defendant Swartz from this action. (Michel, G.)
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Filing
26
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/2/2017 DENYING plaintiff's 25 motion for correction. (Yin, K)
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Filing
20
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/26/2017 ORDERING service is appropriate for Elena Rapoport and Tim V. Virga. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED that defendant Swartz be dismissed from this action with prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Yin, K)
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Filing
14
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Theon Owens signed by Magistrate Judge Carolyn K. Delaney on 08/15/16. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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Filing
12
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/25/2016 DENYING plaintiff's 3 request for the appointment of counsel.(Yin, K)
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Filing
9
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/25/16 ORDERING that the purported complaint is DISMISSED with leave to amend; Plaintiff is granted 30 days from the date of service of this order to file a complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. The complaint must bear the docket number assigned this case. Plaintiffs failure to comply with this order will result in a recommendation that this matter be dismissed; and the Clerk of the Court is directed to send plaintiff the courts form for filing a civil rights action.(Dillon, M)
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| Plaintiff: Theon Owens | |
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| Defendant: Elena Rapoport | |
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