(PC) Hernandez v. Green et al
Plaintiff: Anthony Cesar Hernandez and Anthony Ceasar Hernandez
Defendant: Troung, Moreland, Green and Duneas
Case Number: 2:2020cv02374
Filed: November 30, 2020
Court: US District Court for the Eastern District of California
Presiding Judge: Edmund F Brennan
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2021 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Edmund F. Brennan on 1/28/21 ORDERING Plaintiffs amended complaint #10 alleges, for screening purposes, thefollowing viable claims: a. An Eighth Amendment excessive force claim against defendant Troung; b. An Eighth Amendment deliberate indifference to safety claim against defendants Troung and Duneas; and c. A First Amendment retaliation claim against defendants Green, Moreland, and Raya. All other claims are dismissed with leave to amend within 30 days from the date ofservice of this order. Plaintiff is not obligated to amend his complaint. Within 30 days plaintiff shall return the notice below advising the court whether he elects to proceed with the cognizable claims against defendants Troung, Duneas, Green, Moreland, and Raya, or file a second amended complaint.(Plummer, M)
January 28, 2021 Opinion or Order SERVICE BY MAIL: #11 Order,,, served on Anthony Ceasar Hernandez. (Plummer, M)
December 29, 2020 Opinion or Order Filing 10 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Anthony Ceasar Hernandez.(Kaminski, H)
December 16, 2020 Opinion or Order Filing 9 DOCUMENT(S) SERVED ELECTRONICALLY: IFP application #2 served on Director of CDC. (Plummer, M)
December 16, 2020 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Anthony C. Fernandez signed by Magistrate Judge Edmund F. Brennan on 12/16/20. CDC shall 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)
December 16, 2020 Opinion or Order Filing 7 ORDER signed by Magistrate Judge Edmund F. Brennan on 12/16/20 GRANTING #2 Motion to Proceed IFP. Plaintiff shall pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's CDC order filed concurrently herewith. The complaint is dismissed with leave to amend within 30 days from the date of service of this order. (Plummer, M)
December 16, 2020 Opinion or Order SERVICE BY MAIL: #7 Order on Motion to Proceed in forma pauperis, served on Anthony Ceasar Hernandez. (Plummer, M)
December 16, 2020 Opinion or Order SERVICE BY MAIL: #8 Order Directing Prisoner Payment, served on Anthony Ceasar Hernandez. (Plummer, M)
December 14, 2020 Opinion or Order Filing 6 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Coll, A)
December 2, 2020 Opinion or Order Filing 5 PRISONER TRUST FUND ACCOUNT STATEMENT by Anthony Ceasar Hernandez (Reader, L)
December 2, 2020 Opinion or Order Filing 4 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 Anthony Cesar Hernandez, CDC BL-1891 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. (TEXT ONLY) (Plummer, M)
December 1, 2020 Opinion or Order Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 1/4/2021 (Attachments: #1 Litigant Letter) (Huang, H)
December 1, 2020 Opinion or Order SERVICE BY MAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Anthony Cesar Hernandez. (Huang, H)
November 30, 2020 Opinion or Order Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Anthony Cesar Hernandez. (Huang, H)
November 30, 2020 Opinion or Order Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Anthony Cesar Hernandez.(Huang, H)

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Defendant: Troung
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Defendant: Moreland
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Defendant: Green
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Defendant: Duneas
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Plaintiff: Anthony Cesar Hernandez
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Plaintiff: Anthony Ceasar Hernandez
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