(PS) Zepeda v. Roton, et al
| Ruben Miguel Zepeda-ESERVICE |
| Turlock Police Department, Gregory Roton, City of Turlock and A Aziz |
| 2:2025cv02439 |
| August 25, 2025 |
| U.S. District Court for the Eastern District of California |
| Chi Soo Kim |
| Troy L Nunley |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 12, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 36
NOTICE of CHANGE of ADDRESS to 1216 Myrtle Street, Turlock, CA 95380 by Ruben Miguel Zepeda. (Deputy Clerk JAW)
|
|
Filing 35
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 2/12/2026: On January 30, 2026, Plaintiff Ruben Miguel Zepeda filed a motion for appointment of counsel. (ECF No. #30 .) In civil cases, a pro se litigant's right to counsel "is a privilege and not a right." United States ex Rel. Gardner v. Madden, 352 F.2d 792, 793 (9th Cir. 1965) (citation omitted). "Appointment of counsel should be allowed only in exceptional cases." Id. When determining whether "exceptional circumstances" exist, the court must consider the likelihood of success on the merits as well as the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). Here, Plaintiff states he is currently incarcerated and does not have access to pleading paper but is requesting it through the law library. ECF No. 30 at 1. The Court does not find exceptional circumstances are present warranting the appointment of counsel in this case. Therefore, Plaintiff's motion for appointment of counsel (ECF No. #30 ) is DENIED. (Text Only Entry) (Deputy Clerk AW)
|
|
Filing 33
FIRST AMENDED CIVIL RIGHTS COMPLAINT against All Defendants by Ruben Miguel Zepeda-ESERVICE. (Deputy Clerk KML)
|
|
Filing 32
REQUEST for JUDICIAL NOTICE by Ruben Miguel Zepeda-ESERVICE. (Deputy Clerk KML)
|
|
Filing 31
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by A Aziz, City of Turlock, Gregory Roton, Turlock Police Department. (Attachments: #1 Proof of Service) (Swingle, Bradley)
|
|
Filing 34
DECLARATION of Ruben Miguel Zepeda. (Deputy Clerk RRB)
|
|
Filing 30
MOTION to APPOINT COUNSEL by Ruben Miguel Zepeda-ESERVICE. (Deputy Clerk OML)
|
|
Filing 29
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 1/30/2026: The Court is in receipt of Plaintiff Ruben Miguel Zepeda's request for an extension of time to file a signed First Amended Complaint. (ECF No. #28 .) Plaintiff indicates he is currently incarcerated with limited access to the law library. Id. Plaintiff also indicates he may wish to voluntarily dismiss this action without prejudice to be refiled after he is released from jail. Id. at 1-2. Plaintiff's signed First Amended Complaint was due no later than 1/13/2026. See ECF No. 25. The Court finds good cause and GRANTS Plaintiff's extension of time in part. Plaintiff shall have thirty (30) days from the date of this order to file a signed First Amended Complaint. The Clerk of the Court is directed to provide Plaintiff with a copy of his First Amended Complaint located at ECF No. 15. If Plaintiff wishes to voluntarily dismiss this action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff shall clearly indicate this in a separate filing. IT IS SO ORDERED. (Text Only Entry) (Deputy Clerk AW)
|
|
Filing 28
MOTION for EXTENSION OF TIME by Ruben Miguel Zepeda-ESERVICE. (Deputy Clerk VLK)
|
|
Filing 27
NOTICE of CHANGE of ADDRESS to Stanislaus County Jail, 200 E. Hacket Rd., Modesto, CA 95358 by Ruben Miguel Zepeda-ESERVICE. (Deputy Clerk VLK)
|
|
Filing 26
REPLY by A Aziz, City of Turlock, Gregory Roton, Turlock Police Department to RESPONSE to #21 Motion to Dismiss,. (Swingle, Bradley)
|
|
Filing 25
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 12/30/2025: On 12/17/2025, Defendants Officer Gregory Roton, Officer A. Aziz, and City of Turlock filed their second motion to dismiss Plaintiff Ruben Miguel Zepedas First Amended Complaint (ECF No. #15 ). (ECF No. #21 .) Also pending before the Court are Defendants motion for more definite statement filed on 09/02/2025 (ECF No. #5 ) and first motion to dismiss filed on 12/02/2025 (ECF No. #14 ). On 12/23/2025, Plaintiff filed an opposition to Defendants second motion to dismiss (ECF No. #24 ). In light of Defendants second motion to dismiss, Defendants motion for more definite statement (ECF No. #5 ) and first motion to dismiss (ECF No. #14 ) are DENIED as moot and the 1/13/2026 hearing on Defendants first motion to dismiss is VACATED.Defendants reply brief to Plaintiffs opposition to Defendants second motion to dismiss, if any, is due by 01/06/2026. Thereafter, Defendants second motion to dismiss will be submitted for decision on the record pursuant to Local Rule 230(g). Accordingly, the 01/27/2026 hearing on Defendants second motion to dismiss is VACATED. If the Court subsequently determines that supplemental briefing or oral argument is necessary, the parties will be notified.The Court also notes that Plaintiff has filed two First Amended Complaints, on 11/14/2025 (ECF No. #13 ) and on 12/01/2025 (ECF No. #15 ). Despite not receiving leave of Court to file a First Amended Complaint pursuant to Federal Rule of Civil Procedure 15, the Court will accept Plaintiffs First Amended Complaint filed on 12/01/2025 (ECF No. #15 ) as the operative pleading in this case. However, the First Amended Complaint (ECF No. #15 ) is not signed by Plaintiff. See ECF No. 15 at 7. Although Plaintiff has signed an attached declaration to the First Amended Complaint (See ECF No. #15 at 8-10), this is insufficient as Plaintiff must sign the First Amended Complaint itself. See Fed. R. Civ. P. 11; E.D. Cal. Local Rule 131. Plaintiff is ORDERED to file a physically signed copy of his First Amended Complaint (ECF No. #15 ) NO LATER THAN 01/13/2026. Plaintiff is not authorized to make any modifications to the First Amended Complaint. The Clerk's Office is directed to send a copy of the First Amended Complaint (ECF No. #15 ) to Plaintiff with this minute order. (Text Only Entry) (Deputy Clerk AW)
|
|
SERVICE BY MAIL: #15 Amended Complaint served on plaintiff Ruben Miguel Zepeda. (Deputy Clerk KEZ)
|
|
Filing 24
OPPOSITION to #14 & #21 Motion to Dismiss by Ruben Miguel Zepeda-ESERVICE. (Deputy Clerk OML)
|
|
Filing 23
PROOF OF SERVICE by A Aziz, City of Turlock, Gregory Roton, Turlock Police Department re #21 Motion to Dismiss. (Swingle, Bradley) Modified on 12/22/2025 (AMW).
|
|
Filing 21
MOTION to DISMISS by A Aziz, City of Turlock, Gregory Roton, Turlock Police Department. Motion Hearing set for 1/27/2026 at 10:00 AM in Courtroom 25 (CSK) before Magistrate Judge Chi Soo Kim. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Proposed Order)(Swingle, Bradley) Modified on 12/18/2025 (MDK).
|
|
Filing 20
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 12/15/2025: The plaintiff's motion to e-file (ECF No. #16 ) is denied with respect to utilizing the CM/ECF system to file documents. Plaintiff will continue to file paper documents with the Court through conventional means. The motion is granted, however, with respect to electronic service of documents. The Clerk is directed to configure Plaintiff's account so that plaintiff will receive immediate email notifications when documents are filed in the case. Plaintiff consents to receive service of documents electronically and waives the right to receive service by first class mail pursuant to FRCP 5(b)(2)(D). (TEXT ONLY ENTRY) (Deputy Clerk AW)
|
|
SERVICE BY MAIL: 20 Minute Order served on Ruben Miguel Zepeda. (Deputy Clerk AW)
|
|
Filing 17
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Bradley James Swingle for A Aziz, City of Turlock, Gregory Roton, Turlock Police Department, attorney Graham Scott TERMINATED. (Swingle, Bradley) Modified on 12/10/2025 (LMS).
|
|
Filing 14
MOTION to DISMISS by Roton, Turlock Police Department. Motion Hearing SET for 1/13/2026 at 10:00 AM in Courtroom 25 (CSK) before Magistrate Judge Chi Soo Kim. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Proposed Order, #4 Proof of Service)(Swingle, Bradley)
|
|
Filing 19
CERTIFICATE of SERVICE by Ruben Miguel Zepeda. (Deputy Clerk LMS)
|
|
Filing 18
DECLARATION of Ruben Miguel Zepeda re #15 First Amended Complaint. (Deputy Clerk LMS)
|
|
Filing 16
MOTION to E-FILE by Ruben Miguel Zepeda. (Deputy Clerk LMS) (Main Document 16 replaced on 12/3/2025) (LMS). (Additional attachment(s) added on 12/3/2025: #1 Motion for E-Filing) (LMS).
|
|
Filing 15
FIRST AMENDED COMPLAINT against City of Turlock, Gregory Roton, A Aziz by Ruben Miguel Zepeda. (Deputy Clerk LMS)
|
|
Filing 13
FIRST AMENDED COMPLAINT against All Defendants by Ruben Miguel Zepeda. (Deputy Clerk JAW)
|
|
Filing 12
ORDER signed by Magistrate Judge Chi Soo Kim on 10/28/2025 VACATING the #8 Findings and Recommendations, DENYING #10 Motion to Proceed IFP as moot, and GRANTING #9 Motion for Extension of Time. Plaintiff is granted 14 days from the date of this order to file an opposition to the #5 Motion for More Definite Statement. Defendant's optional reply due 14 days after the opposition is filed. (Deputy Clerk VLK)
|
|
SERVICE BY MAIL: #12 Order served on Ruben Miguel Zepeda. (Deputy Clerk VLK)
|
|
Filing 8
[VACATED per #12 Order] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Chi Soo Kim on 10/14/2025 RECOMMENDING Plaintiff's action be DISMISSED; Defendant's #5 motion for more definite statement be DENIED; and the Clerk be directed to CLOSE this case. Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Deputy Clerk RRB) Modified on 10/30/2025 (VLK).
|
|
SERVICE BY MAIL: #8 Findings and Recommendations served on Ruben Miguel Zepeda. (Deputy Clerk RRB)
|
|
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. (Deputy Clerk RRB)
|
|
Filing 10
MOTION to PROCEED IN FORMA PAUPERIS by Ruben Miguel Zepeda. (Deputy Clerk RRB)
|
|
Filing 9
MOTION and Proposed Order by Ruben Miguel Zepeda for an Extension of time to file an Opposition to #5 Motion. (Deputy Clerk RRB)
|
|
Filing 7
NOTICE of NO RESPONSE RECEIVED to #5 Motion for More Definite Statement by Roton, Turlock Police Department. (Attachments: #1 Proof of Service)(Scott, Graham) Modified on 10/8/2025 (AJB).
|
|
Filing 6
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Chi Soo Kim on 9/24/2025: On 9/2/2025, Defendants Turlock Police Department and Officer Roton filed a motion for a more definite statement. (ECF No. #5 .) Plaintiff Ruben Miguel Zepeda's opposition or statement of non-opposition to the motion was due 9/16/2025. See E.D. Cal. L. R. 230(c). To date, Plaintiff has not filed an opposition, statement of non-opposition, or a request for an extension of time to file either. IT IS HEREBY ORDERED that within seven (7) days of this order, Plaintiff must SHOW CAUSE in writing why the Court should not construe Plaintiff's failure to file a timely opposition as a non-opposition to Defendants' motion and why this case should not be dismissed for failure to prosecute. See E.D. Cal. L.R. 110; see also Fed. R. Civ. P. 41(b). The 10/14/2025 hearing on Defendants' motion is hereby VACATED. (Text Only Entry) (Deputy Clerk AW)
|
|
SERVICE BY MAIL: 6 Minute Order served on Ruben Miguel Zepeda. (Deputy Clerk AW)
|
|
Filing 5
MOTION for MORE DEFINITE STATEMENT by Roton, Turlock Police Department. Motion Hearing set for 10/14/2025 at 10:00 AM in Courtroom 25 (CSK) before Magistrate Judge Chi Soo Kim. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Proof of Service)(Scott, Graham) Modified on 9/4/2025 (AJB).
|
|
Filing 4
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. (Scott, Graham)
|
|
Filing 3
CERTIFICATE / PROOF of SERVICE by Roton, Turlock Police Department. (Scott, Graham)
|
|
Filing 2
CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form) (Deputy Clerk RRB)
|
|
Filing 1
NOTICE of REMOVAL from Stanislaus County Superior Court, case number CV-25-005448 by All Defendants. (Filing fee $ 405, receipt number ACAEDC-12422841) (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service for Notice of Removal)(Scott, Graham)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
