(PC) Banuelos v. Weiss et al
Jaime Banuelos |
R. Weiss and Mule Creek State Prison |
2:2019cv02370 |
November 23, 2019 |
US District Court for the Eastern District of California |
Deborah Barnes |
John A Mendez |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 |
None |
Docket Report
This docket was last retrieved on May 12, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 DOCUMENT(S) SERVED ELECTRONICALLY: IFP served on Director of CDCR pursuant to #6 Order Directing Prisoner Payment. (Yin, K) |
Filing 6 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jaime Banuelos signed by Magistrate Judge Deborah Barnes on 1/3/2020. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the 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) |
Filing 5 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/3/2020 GRANTING plaintiff's #2 Motion to Proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent order. Plaintiff stated a cognizable Eighth Amendment claim against defendant Weiss for sexual misconduct. Plaintiff's Eighth Amendment medical claims against defendant Weis are DISMISSED with leave to amend. Plaintiff may choose to proceed on his cognizable claim set out in this order or he may choose to amend his complaint. If plaintiff chooses to proceed he shall notify the court within 30 days. If plaintiff chooses to amend, within 30 days, he may file an amended complaint. The Clerk shall randomly assign a district judge to this case and send plaintiff a copy of the prisoner complaint form. IT IS RECOMMENDED that plaintiff's claims under the PREA be dismissed; and defendant Mule Creek State Prison be dismissed. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K) |
SERVICE BY MAIL: #6 Order Directing Prisoner Payment, #5 Order, Findings and Recommendations along with 1983 form served on Jaime Banuelos. (Yin, K) |
Filing 4 PRISONER TRUST FUND ACCOUNT STATEMENT by Jaime Banuelos (Tupolo, A) |
Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Filing Notice issued re complaint filed *11/23/2019*; Consent or Decline due by 12/30/2019 (Attachments: #1 Order re Consent, #2 E-Filing Notice) (Tupolo, A) |
CLERKS NOTICE: The Clerk of Court is in receipt of a Motion to Proceed in Forma Pauperis. The California Department of Corrections and Rehabilitation is DIRECTED to submit a Certified Prison Trust account statement for Jaime Banuelos, CDC J-92823 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account statement must reflect the activity for the last six months. Please email the certified prison trust account statement in pdf format to FilingsSacramento@caed.uscourts.gov with the case number in the subject line as reflected on this notification. (Henshaw, R) |
SERVICE BY EMAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Jaime Banuelos. (Tupolo, A) |
Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Jaime Banuelos. (Tupolo, A) |
Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against Mule Creek State Prison, R. Weiss by Jaime Banuelos. (Attachments: #1 Civil Cover Sheet)(Tupolo, A) |
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