(PC) Carino v. Heath et al
Plaintiff: David Yancy Carino
Defendant: Justin Heath, Crystal Houston, Joseph Villanueva, Patrick Nariega and Patrick Noriega
Case Number: 2:2022cv01727
Filed: September 28, 2022
Court: US District Court for the Eastern District of California
Office: Sacramento Office
Presiding Judge: Carolyn K Delaney
Referring Judge: Dale A Drozd
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

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

Date Filed Document Text
November 1, 2022 Opinion or Order Filing 17 ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Carolyn K. Delaney on 11/1/2022. (for E-Service) (Yin, K)
November 1, 2022 Filing 16 SUMMONS ISSUED as to *Justin Heath, Crystal Houston, Patrick Noriega, and Joseph Villanueva* with answer to complaint due within *21* days. Attorney *David Yancy Carino AB-4510* *California Substance Abuse Treatment Facility* *P.O. Box 5244* *Corcoran, CA 93212-5244*. (Yin, K)
November 1, 2022 Opinion or Order Filing 15 ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/1/2022 ORDERING the Clerk to assign a district court judge to this case, FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendant(s): *Justin Heath*, *Joseph Villanueva*,*Patrick Noriega*, and *Crystal Houston*. 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. IT IS RECOMMENDED that all claims other than claims for excessive force arising under the Eighth Amendment against defendants Heath, Villanueva, Houston and Noriega be dismissed. Assigned and referred to Judge Dale A. Drozd; Objections to F&R due within 14 days. (Attachments: #1 Notice of Waiver) (Yin, K)
November 1, 2022 SERVICE BY MAIL: #15 Order, Findings and Recommendations served on David Yancy Carino. (Yin, K)
October 28, 2022 Opinion or Order Filing 14 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/28/2022 DENYING without prejudice #13 Motion to Appoint Counsel. (Huang, H)
October 28, 2022 SERVICE BY MAIL: #14 Order served on David Yancy Carino. (Huang, H)
October 24, 2022 Filing 13 MOTION to APPOINT COUNSEL by David Yancy Carino. (Reader, L)
October 24, 2022 Filing 12 NOTICE OF HOW TO PROCEED by David Yancy Carino. (Reader, L)
October 17, 2022 Filing 11 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. (Spichka, K.)
October 11, 2022 Filing 10 DOCUMENT SERVED ELECTRONICALLY: #2 Motion to Proceed In Forma Pauperis served on Director of CDCR. (Huang, H)
October 11, 2022 Opinion or Order Filing 9 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David Yancy Carino signed by Magistrate Judge Carolyn K. Delaney on 10/11/2022. 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)
October 11, 2022 Opinion or Order Filing 8 ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/11/2022 GRANTING #2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is GRANTED 21 days within which to complete and return the attached form notifying the court how he wants to proceed. If plaintiff does not return the form, this action will proceed on the claims described. (Huang, H)
October 11, 2022 SERVICE BY MAIL: #8 Order and #9 Order Directing Prisoner Payment served on David Yancy Carino. (Huang, H)
October 3, 2022 Filing 7 PRISONER TRUST FUND ACCOUNT STATEMENT by David Yancy Carino (Her, S)
October 3, 2022 Filing 6 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 David Yancy Carino, CDCR No. AB-4510 to the Clerk's 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 Entry) (Plummer, M)
September 30, 2022 Filing 5 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 11/3/2022. (Attachments: #1 Consent Form) (Marrujo, C)
September 30, 2022 Opinion or Order Filing 4 ORDER TRANSFERRING Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Helena M. Barch-Kuchta on 9/29/2022. CASE New Case Number 2:22-cv-01727-CKD. Old Case Number 1:22-cv-01235-HBK. (Marrujo, C)
September 30, 2022 SERVICE BY MAIL: #5 Prisoner New Case Documents for Magistrate Judge as Presider, #4 Order served on David Yancy Carino. (Marrujo, C)
September 28, 2022 Filing 3 NOTICE OF TEMPORARY MAGISTRATE JUDGE REFERRAL: Due to the elevation of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is temporarily referred to *Magistrate Judge Helena Barch-Kuchta* until such time as a new Bakersfield magistrate judge is appointed. Documents filed in this case shall include the temporary magistrate judge initials *(HBK)* (Marrujo, C)
September 28, 2022 Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by David Yancy Carino. (Marrujo, C)
September 28, 2022 Filing 1 (1983) PRISONER CIVIL RIGHTS COMPLAINT against Justin Heath, Crystal Houston, Patrick Nariega, Joseph Villanueva by David Yancy Carino. (Attachments: #1 Civil Cover Sheet)(Marrujo, C)

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Search for this case: (PC) Carino v. Heath et al
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Plaintiff: David Yancy Carino
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Defendant: Justin Heath
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Defendant: Crystal Houston
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Defendant: Joseph Villanueva
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Defendant: Patrick Nariega
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Defendant: Patrick Noriega
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