(PC)Woodard v. Hobbs et al
| Daray D. Woodard |
| E. Hobbs, C. Enos, M. Banks, J. Bordewick, K. Fenika, B. Corralejo, Hightower, Peirce and Patrick Covello |
| 2:2022cv00317 |
| February 18, 2022 |
| U.S. District Court for the Eastern District of California |
| Kendall J Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 11
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Kendall J. Newman on 3/23/2022. (for E-Service) (Yin, K)
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| Filing 10 SUMMONS ISSUED as to *J. Bordewick, Patrick Covello, and Hightower* with answer to complaint due within *21* days. Attorney *Daray D. Woodard BG-7172* *California State Prison, Los Angeles County* *P.O. Box 8457* *Lancaster, CA 93539-8457*. (Yin, K) |
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Filing 9
ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2022 FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendants: *Patrick Covello*, *Bordewick*, and *Hightower*. Defendants Hobbs, Enos, Banks, Fenika, Corralejo, and Peirce are DISMISSED from this action without prejudice. The Clerk shall serve this order via email on the CDCR, along with a summons, the Operative Complaint, the Order re Consent and Notice of E-Service Waiver. (Attachments: #1 Notice of Waiver) (Yin, K)
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| SERVICE BY MAIL: #9 Order Finding Service of Complaint Appropriate served on Daray D. Woodard. (Yin, K) |
| Filing 8 NOTICE OF ELECTION by Daray D. Woodard. electing to proceed solely as to his Eighth Amendment claims against defendants Warden Patrick Covello, Sgt. Bordewick and CCI Hightower. (Coll, A) |
| Filing 7 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) |
| Filing 6 DOCUMENT(S) SERVED ELECTRONICALLY: IFP application #2 served on Director of CDC. (Plummer, M) |
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Filing 5
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Daray D. Woodard signed by Magistrate Judge Kendall J. Newman on 2/28/22. 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 served Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
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Filing 4
ORDER signed by Magistrate Judge Kendall J. Newman on 2/28/22 GRANTING #2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. Claims against defendants Hobbs, Enos, Banks, Fenika, Corralejo, and Peirce are dismissed with leave to amend. Within thirty days of service of this order, plaintiff may amend his complaint to attempt to state cognizable claims against these defendants. Plaintiff is not obliged to amend his complaint. The allegations in the pleading are sufficient to state potentially cognizable claims against defendants Warden Patrick Covello, Sgt. Bordewick and CCI Hightower. If plaintiff elects to proceed forthwith as to such defendants, the court will issue an order to the U.S. Marshal to execute service of process pursuant to Fed. R. Civ. P. 4. Defendants Covello, Bordewick and Hightower will be required to respond to plaintiff's allegations within the deadlines stated in Fed. R. Civ. P. 12(a)(1). In this event, the court will construe plaintiff's election to proceed forthwith as consent to an order dismissing his defective claims against defendants Hobbs, Enos, Banks, Fenika, Corralejo, and Peirce without prejudice.. (Plummer, M)
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| SERVICE BY MAIL: #4 Order on Motion to Proceed in forma pauperis, served on Daray D. Woodard. (Plummer, M) |
| SERVICE BY MAIL: #5 Order Directing Prisoner Payment, served on Daray D. Woodard. (Plummer, M) |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/28/2022 (Attachments: #1 Litigant Letter) (Mena-Sanchez, L) |
| SERVICE BY MAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Daray D. Woodard. (Mena-Sanchez, L) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Daray D. Woodard. (Mena-Sanchez, L) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against M. Banks, J. Bordewick, B. Corralejo, C. Enos, K. Fenika, Hightower, E. Hobbs by Daray D. Woodard.(Mena-Sanchez, L) |
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