(PC) Bennett v. Burton et al
Plaintiff: Jonathan Bennett
Defendant: Robert Burton, Ulisses Garcia, Frank Moreno III and Frank Moreno, III
Case Number: 2:2021cv01340
Filed: July 29, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: Kendall J Newman
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2021 Opinion or Order Filing 15 DOCUMENT SERVED ELECTRONICALLY: Motion to Proceed IFP served on CDCR. (Henshaw, R)
September 22, 2021 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Kendall J. Newman on 9/22/2021 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jonathan Bennett. The custodial agency shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)
September 22, 2021 Opinion or Order Filing 13 ORDER signed by Magistrate Judge Kendall J. Newman on 9/22/2021 ORDERING Clerk to insert plaintiffs signed signature page (ECF No. 6at 2) in place of the unsigned signature page (ECF No. 1 at 6); and to append as an exhibit to plaintiffs complaint ECF No. 4 at 2-8 as plaintiffs Exhibit F (ECF No. 1-1); GRANTING #11 Motion to Proceed IFP; DISMISSING claims against defendant Burton, and equal protection claims as to defendants Garcia and Moreno with leave to amend within 30 days of service of this order; and ORDERING allegations in the pleading are sufficient to state potentially cognizable 8th Amendment claims against defendants Garcia and Moreno. Plaintiff to pay the statutory filing fee of $350.00. All fees to be collected and paid in accordance with this court's order to the CDCR filed concurrently herewith. (Henshaw, R)
September 22, 2021 Opinion or Order SERVICE BY MAIL: #13 Order and #14 Order served on Jonathan Bennett. (Henshaw, R)
September 15, 2021 Opinion or Order Filing 12 PRISONER TRUST FUND ACCOUNT STATEMENT by Jonathan Bennett. (Coll, A)
September 13, 2021 Opinion or Order CLERKS NOTICE (text only): 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 Jonathan Bennett, CDCR# AU-7234 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. (Yin, K)
September 10, 2021 Opinion or Order Filing 11 MOTION to PROCEED IN FORMA PAUPERIS by Jonathan Bennett. (Huang, H)
September 10, 2021 Opinion or Order Filing 10 ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/2021 GRANTING plaintiff's #7 , #9 motions for extension of time to pay the filing fee and DENYING plaintiff's #8 request for a copy of the docket sheet. Plaintiff shall pay the court's filing fee of $402.00 within 30 days from the date of this order. (Yin, K)
September 10, 2021 Opinion or Order SERVICE BY MAIL: #10 Order on motions served on Jonathan Bennett. (Yin, K)
September 7, 2021 Opinion or Order Filing 9 MOTION for 30-DAY EXTENSION OF TIME to pay filing fee re #3 Order by Jonathan Bennett. (Kaminski, H)
September 3, 2021 Opinion or Order Filing 8 REQUEST for information re filing fee and copies by Jonathan Bennett. (Kaminski, H)
September 2, 2021 Opinion or Order Filing 7 MOTION for 30-DAY EXTENSION OF TIME to pay filing fee by Jonathan Bennett. (Coll, A)
August 23, 2021 Opinion or Order Filing 6 NOTICE of Filing Signature Page by Jonathan Bennett re #1 Prisoner Civil Rights Complaint. (Zignago, K.)
August 6, 2021 Opinion or Order Filing 5 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. (Kastilahn, A)
August 6, 2021 Opinion or Order Filing 4 ADDENDUM by Jonathan Bennett in support of Exhibit F to plaintiff's Complaint. (Kastilahn, A)
August 6, 2021 Opinion or Order Filing 3 ORDER signed by Magistrate Judge Kendall J. Newman on 08/06/21 ORDERING plaintiff shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the required fees in the amount of $402.00. The Clerk of the Court is directed to send plaintiff a new Application to Proceed In Forma Pauperis By a Prisoner, and to send plaintiff a copy of page six of his complaint that does not bear the courts banner #1 at 6). Plaintiff is granted thirty days in which to remedy the lack of signature on his complaint. (Plummer, M)
August 6, 2021 Opinion or Order SERVICE BY MAIL: #3 Order, with page 6 of complaint #1 without the banner and prisoner IFP form served on Jonathan Bennett. (Plummer, M)
July 30, 2021 Opinion or Order SERVICE BY MAIL and EMAIL: #2 Prisoner New Case Documents for Magistrate Judge as Presider, served on Jonathan Bennett. (Kaminski, H)
July 29, 2021 Opinion or Order Filing 2 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Filing Notice issued re complaint filed *7/29/2021*; Consent or Decline due by 9/2/2021 (Attachments: #1 Litigant Letter, #2 E-Filing Notice) (Kaminski, H)
July 29, 2021 Opinion or Order Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Jonathan Bennett. (Attachments: #1 Civil Cover Sheet)(Kaminski, H)

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Plaintiff: Jonathan Bennett
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Defendant: Robert Burton
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Defendant: Ulisses Garcia
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Defendant: Frank Moreno III
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Defendant: Frank Moreno, III
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