Spears v. El Dorado County Courts et al
Plaintiff: Brian Spears
Defendant: El Dorado County Courts, El Dorado County C.P.S., Joan Barbie, Ken Barber and El Dorado County Public Guardian
Case Number: 2:2016cv02655
Filed: November 8, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Craig M. Kellison
Nature of Suit: 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
January 23, 2023 Opinion or Order Filing 52 ORDER signed by Magistrate Judge Dennis M. Cota on 1/23/23 ORDERING that Defendants shall file a response to Plaintiff's fourth amended complaint within 30 days of the date of this order. (Kastilahn, A)
April 6, 2022 Opinion or Order Filing 50 ORDER signed by District Judge Troy L. Nunley on 04/05/22 ADOPTING 49 Findings and Recommendations in full DENYING 45 Motion to Dismiss; DISMISSING Plaintiff's Third Amended Complaint with 30 days LEAVE TO AMEND. (Benson, A.)
January 20, 2022 Opinion or Order Filing 49 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 1/20/22 RECOMMENDING that defendants' motion to dismiss be denied. Plaintiff be granted leave to file a 4th amended complaint to include a claim for relief. Motion 45 referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
August 4, 2021 Opinion or Order Filing 43 ORDER signed by Magistrate Judge Dennis M. Cota on 08/03/21 ORDERING that Defendants El Dorado County, the El Dorado County Public Guardian, Joan Barbie, and El Dorado County CPS shall file a response to Plaintiffs third amended complaint within 30 days of the date of this order.(Plummer, M)
March 23, 2021 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Dennis M. Cota on 3/23/2021 STRIKING 28 Motion to Dismiss as going to a superseded complaint; GRANTING 38 Unopposed Motion to Amend the Complaint; ORDERING this case will proceed on 39 Third Amended Complaint; and ORDERING Clerk to terminated 28 Motion to Dismiss as a pending motion. (Henshaw, R)
February 16, 2021 Opinion or Order Filing 37 ORDER signed by District Judge Troy L. Nunley on 2/15/2021 ADOPTING 36 Findings and Recommendations in full; DENYING 26 Motion for Emergency Injunctive Relief, construed as a Motion For a Writ of Mandamus. (Zignago, K.)
January 27, 2021 Opinion or Order Filing 36 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 1/27/21 RECOMMENDING that plaintiff's "request for emergency injunctive relief", construed as a petition for writ of mandamus be denied. Request 26 referred to Judge Troy L. Nunley. Objections due within 14 days.(Plummer, M)
September 23, 2020 Opinion or Order Filing 32 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 9/23/2020 RECOMMENDING 28 Motion to Dismiss be granted; Plaintiff's claims be dismissed as time-barred; 26 Motion for Injunctive Relief be denied as moot; 31 Motion to Amend be denied as moot; Defendant Slossberg be dismissed pursuant to Federal Rule of Civil Procedure 4(m) for failure to effect timely service of process; and this action be dismissed in its entirety without leave to amend and with prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
July 16, 2019 Opinion or Order Filing 16 ORDER signed by Magistrate Judge Dennis M. Cota on 07/16/19 ORDERING the Clerk of Court is directed to update the docket to remove El Dorado County Courts and Ken Barber as Defendants and to add Gary Slossberg and Julie Tingler as Defendants; and plaintiff may file a third amended complaint within 30 days of the date of service of this order. (Plummer, M)
December 11, 2018 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Dennis M. Cota on 12/11/18 ORDERING that plaintiff may file a first amended complaint within 30 days of the date of service of this order. (Plummer, M)
January 19, 2017 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Craig M. Kellison on 1/18/17 granting 3 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Also,DIRECTING MONTHLY PAYMENTS be made from Prison Account o f Brian Spears. 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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Plaintiff: Brian Spears
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Defendant: El Dorado County Courts
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Defendant: El Dorado County C.P.S.
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Defendant: Joan Barbie
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Defendant: Ken Barber
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Defendant: El Dorado County Public Guardian
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