(PC) Gallegos v. Sahota et al
| Benjamin Robert Gallegos |
| Babbala, Sahota, R. Brown and Special Appearance |
| 2:2024cv02776 |
| October 8, 2024 |
| US District Court for the Eastern District of California |
| Chi Soo Kim |
| Troy L Nunley |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 RESPONSE to #19 Response by Benjamin Robert Gallegos. (Becknal, R.) |
Filing 23
ORDER signed by Magistrate Judge Chi Soo Kim on 11/18/2024 DENYING #3 Motion for Preliminary Injunction without prejudice. (Huang, H)
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| SERVICE BY MAIL: #23 Order served on Benjamin Robert Gallegos. (Huang, H) |
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Filing 22
ORDER signed by Magistrate Judge Chi Soo Kim on 11/14/2024 DENYING Plaintiff's #12 Motion for Reassignment. (Spichka, K.)
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Filing 21
ORDER signed by Magistrate Judge Chi Soo Kim on 11/14/2024 GRANTING Plaintiff 30 days from the date of this order to file an Amended Complaint. (Spichka, K.)
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| SERVICE BY MAIL: #21 Order, #22 Order, and 1983 Prisoner Civil Rights form served on Benjamin Robert Gallegos. (Spichka, K.) |
| Filing 20 ADDENDUM to #1 Complaint by Benjamin Robert Gallegos. (Licea Chavez, V) Modified on 11/14/2024 (Huang, H). |
| Filing 19 RESPONSE to #16 Order by Special Appearance. (Bragg, R.) Modified on 11/13/2024 (Huang, H). |
| Filing 17 DOCUMENT(S) SERVED ELECTRONICALLY: Copy of Complaint and Motion for Injunctive Relief served on Supervising Deputy Attorney General R. Lawrence Bragg pursuant to #16 Order. (Attachments: #1 Motion for Injunctive Relief) (Yin, K) |
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Filing 16
ORDER signed by Magistrate Judge Chi Soo Kim on 11/1/2024 ORDERING defendants, the California Department of Corrections and Rehabilitation, or the Office of the Attorney General may, through a special appearance, file a response to plaintiff's request for injunctive relief within 10 days from the date of this order. The Clerk shall serve this order a copy of plaintiff' s #1 complaint and #3 motion for injunctive relief on Supervising Deputy Attorney General R. Lawrence Bragg, counsel identified in the Office of the Attorney General's 10/29/2024 filing. (Yin, K)
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| SERVICE BY MAIL: #16 Order served on Benjamin Robert Gallegos. (Yin, K) |
| Filing 18 NOTICE OF ELECTION by Benjamin Robert Gallegos: Plaintiff opts to file an amended complaint. (Zignago, K.) |
| Filing 15 RESPONSE by Special Appearance to #8 Order. Attorney Bragg, R. Lawrence added. (Bragg, R.) |
| Filing 14 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Troy L. Nunley and Magistrate Judge Chi Soo Kim. The new case number is: 2:24-cv-02776-TLN-CSK (PC). (Becknal, R.) |
| SERVICE BY MAIL: 14 Clerk's Notice Reassigning Case served on Benjamin Robert Gallegos. (Becknal, R.) |
| Filing 13 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. (Becknal, R.) |
| Filing 12 MOTION FOR REASSIGNMENT of the Magistrate Judge by Benjamin Robert Gallegos. (Becknal, R.) |
| Filing 11 DOCUMENT(S) SERVED ELECTRONICALLY: #2 Motion to Proceed IFP served on Director of CDCR. (Huang, H) |
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Filing 10
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Benjamin Robert Gallegos signed by Magistrate Judge Chi Soo Kim on 10/15/2024. 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 9 DOCUMENT(S) SERVED ELECTRONICALLY: #1 Prisoner Civil Rights Complaint served on Supervising Deputy Attorney General Monica Anderson. (Attachments: #1 #3 Motion for Injunctive Relief) (Huang, H) |
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Filing 8
ORDER signed by Magistrate Judge Chi Soo Kim on 10/15/2024 ORDERING that Defendants shall file a response to #3 Motion for Injunctive Relief within 21 days of the date of this order. (cc: Monica Anderson) (Huang, H)
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Filing 7
ORDER signed by Magistrate Judge Chi Soo Kim on 10/15/2024 GRANTING #2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350. Claim two is DISMISSED without leave to amend. Within 30 days of service of this order, plaintiff may amend his complaint to attempt to cure the pleading defects as to claim two. The allegations in the complaint are sufficient to state potentially cognizable Eighth Amendment claims against defendants Sahota and Babbala (claim one) and against the "doe" defendants (claim three). If plaintiff chooses to proceed solely as to such claims, plaintiff shall so indicate on the attached form and return it to the Court within 30 days from the date of this order. (Huang, H)
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| RE-SERVICE BY MAIL: #4 Prisoner New Case Documents for Magistrate Judge as Presider served on Benjamin Robert Gallegos. (Becknal, R.) |
| SERVICE BY MAIL: #7 , #8 Orders, and #10 Order Directing Prisoner Payment served on Benjamin Robert Gallegos. (Huang, H) |
| Filing 6 PRISONER TRUST FUND ACCOUNT STATEMENT by Benjamin Robert Gallegos (Becknal, R.) |
| 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 Benjamin Gallegos, CDCR No. AU-9312, 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) (Huang, H) |
| Filing 4 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. E-Filing Notice issued re complaint filed *10/8/2024*. Consent or Decline due by 11/12/2024. (Attachments: #1 Litigant Letter, #2 E-Filing Notice) (Becknal, R.) |
| SERVICE BY MAIL: #4 Prisoner New Case Documents for Magistrate Judge as Presider served on Benjamin Gallegos. (Becknal, R.) |
| Filing 3 MOTION for INJUNCTIVE RELIEF by Benjamin Gallegos. (Becknal, R.) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Benjamin Gallegos. (Becknal, R.) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Benjamin Gallegos. (Attachments: #1 Civil Cover Sheet) (Becknal, R.) |
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