(PC) Montgomery v. Culum et al
| Dwayne Steven Montgomery |
| M. Culum, J. Gamez, M. Pesce, B. Kelly, S. Sergent, S. Hurtado, C. Mott, D. Clay, J. Quiring and H. Moseley |
| 2:2022cv01156 |
| June 30, 2022 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kendall J Newman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.
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Filing 10
DOCUMENT(S) SERVED ELECTRONICALLY: #2 Motion to Proceed In Forma Pauperis served on Director of CDCR. (Attachments: #1 #6 Motion to Proceed In Forma Pauperis) (Huang, H)
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Filing 9
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Dwayne Steven Montgomery signed by Magistrate Judge Kendall J. Newman on 8/25/2022. CDCR is to collect payments from plaintiff's account and forward to the Clerk until the $350 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDCR. (cc: CDCR, Financial) (Huang, H)
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Filing 8
ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/2022 GRANTING #2 , #6 Motions to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All claims and defendants but for the potentially colorable Eighth Amendment claims against defendants Culum, Gamaz and Clay are DISMISSED with leave to amend. Within 30 days of service of this order, plaintiff may amend his complaint to attempt to state cognizable claims against these defendants. The allegations in the pleading are sufficient to state a potentially cognizable claim against defendants Culum, Gamaz and Clay. If plaintiff opts to proceed on his original complaint as to these defendants, he shall return the attached notice within 30 days of service of this order. If plaintiff opts to proceed on the original complaint, within 30 days of the date of this order he shall file further briefing addressing the relationship between his potentially colorable excessive force claims and his pending criminal charges. Failure to comply with this order will result in a recommendation that this action be dismissed. (Huang, H)
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SERVICE BY MAIL: #8 Order and #9 Order Directing Prisoner Payment served on Dwayne Steven Montgomery. (Huang, H)
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Filing 6
MOTION to PROCEED IN FORMA PAUPERIS by Dwayne Steven Montgomery. (Licea Chavez, V)
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Filing 7
PRISONER TRUST FUND ACCOUNT STATEMENT by Dwayne Steven Montgomery (Licea Chavez, V)
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Filing 5
CLERK'S 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 Dwayne Steven Montgomery, CDC K-14298, 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. (Huang, H)
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Filing 4
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 8/8/2022. (Attachments: #1 Litigant Letter) (Gonzalez, R)
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Filing 3
ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Barbara A. McAuliffe on 7/5/22. New Case Number 2:22-cv-1156-KJN. Old Case Number 1:22-cv-0802-BAM. (Gonzalez, R)
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SERVICE BY MAIL: #4 Prisoner New Case Documents for Magistrate Judge as Presider, #3 Order served on Dwayne Steven Montgomery. (Gonzalez, R)
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Filing 2
MOTION to PROCEED IN FORMA PAUPERIS by Dwayne Steven Montgomery. (Marrujo, C)
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Filing 1
(1983) PRISONER CIVIL RIGHTS COMPLAINT against D. Clay, M. Culum, J. Gamez, S. Hurtado, B. Kelly, H. Moseley, C. Mott, M. Pesce, J. Quiring, S. Sergent by Dwayne Steven Montgomery. (Attachments: #1 Civil Cover Sheet)(Marrujo, C)
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