Miccio v. Miranda et al
Plaintiff: Mario Miccio
Defendant: Miranda, Gideon and Scott Kernan
Case Number: 2:2017cv00932
Filed: May 3, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Lassen
Presiding Judge: Carolyn K. Delaney
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
March 18, 2019 Opinion or Order Filing 39 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/18/19 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
February 27, 2019 Opinion or Order Filing 38 ORDER signed by District Judge Kimberly J. Mueller on 2/27/2019 ADOPTING 37 findings and recommendations in full. Plaintiff's Eighth Amendment claim against defendant Gideon is DISMISSED. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)
January 30, 2019 Opinion or Order Filing 37 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/30/19 GRANTING 27 Motion to Dismiss. Plaintiff's amended complaint is DISMISSED. Plaintiff is granted 30 days from the date of service of this order t o file a second amended complaint. Defendants Miranda, Abdur-Rahman and Lewis need take no action with respect to any second amended complaint filed by plaintiff until instructed. Also, RECOMMENDING that plaintiff's Eighth Amendment claim against defendant Gideon is dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
July 10, 2018 Opinion or Order Filing 30 ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/10/2018 GRANTING 29 Motion for Extension of Time. Plaintiff granted 30 days from the date of this order in which to file an opposition to 27 Motion to Dismiss. (Henshaw, R)
May 7, 2018 Opinion or Order Filing 24 ORDER signed by District Judge Kimberly J. Mueller on 5/7/2018 FINDINGS AND RECOMMENDATIONS 19 are ADOPTED in FULL; Defendant Scott Kernan is DISMISSED; and this matter is REFERRED back to the Magistrate Judge assigned to this case. (Reader, L)
March 14, 2018 Opinion or Order Filing 19 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/14/18 ORDERING The Clerk of the Court is directed to assign a district judge to this case. Service is appropriate for defendants Miranda, Abdur-Rahman, Gideon and Lewis. The clerk of the court shall send plaintiff 1 summons, instruction sheet, 4 USM-285 forms and a copy of the amended complaint to be completed and returned within 30 days. Also, RECOMMENDING that defendant Kernan be dismissed. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
November 6, 2017 Opinion or Order Filing 13 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Mario Miccio signed by Magistrate Judge Carolyn K. Delaney on 11/6/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to t he Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
August 3, 2017 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/3/2017 ORDERING plaintiff to submit, within 30 days, a request to proceed ifp, or the required fees in the amount of $400.00. If plaintiff cannot submit an ifp application within 30 days, plaintiff shall file a document with the court detailing the steps he took to have his completed application sent to the court. The Clerk shall send plaintiff a new ifp application. (Yin, K)
June 22, 2017 Opinion or Order Filing 6 ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/21/2017 ORDERING Plaintiff to submit a completed IFP application within 30 days from the date of this order. (Henshaw, R)
May 10, 2017 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/10/2017 ORDERING plaintiff to submit, within 30 days, an affidavit to proceed ifp, or the required fees in the amount of $400.00; and the Clerk shall send plaintiff a new ifp application.(Yin, K)
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Plaintiff: Mario Miccio
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Defendant: Miranda
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Defendant: Gideon
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Defendant: Scott Kernan
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