Borjas v. McGrath

Plaintiff: Jesus H. Borjas
Defendant: L. Bree, D. Forkner, F. Guy, Sr., Mullens, A. Rochuba, Rogers and Srikureja
Case Number: 5:2004cv02252
Filed: March 31, 2010
Court: California Northern District Court
Office: San Jose Office
Referring Judge: Howard R. Lloyd
Presiding Judge: James Ware
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42:1983 Prisoner Civil Rights

Available Case Documents

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Date Filed#Document Text
November 1, 2010 95 Opinion or Order of the Court ORDER DISMISSING DEFENDANT SRIKUREJA re 91 Notice of Voluntary Dismissal. Srikureja terminated. Signed by Judge James Ware on 11/1/2010. (ecg, COURT STAFF) (Filed on 11/1/2010)
June 17, 2010 76 Opinion or Order of the Court ORDER OF SERVICE; DIRECTING DEFENDANTS TO FILE DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION; INSTRUCTIONS TO CLERK. The Clerk of the Court shall issue summons and the United States Marshal shall serve, without prepayment of fees, a copy of the July 10, 2006 Amended Complaint in this matter, all attachments thereto, and a copy of this order upon defendant Dr. Amornchit Srikureja and defendant Frank Guy at their respective addresses as provided by the PBSP Litigation Coo rdinator in the letter dated May 19, 2010, (see Docket No. 75), and upon defendant Byron Rogers at Pelican Bay State Prison. The clerk shall also mail a courtesy copy of this order to the California Attorney General's Office. Signed by Judge James Ware on 6/15/2010. (ecg, COURT STAFF) (Filed on 6/17/2010)
May 13, 2010 74 Opinion or Order of the Court ORDER REQUESTING INFORMATION FROM PBSP LITIGATION COORDINATOR; NOTICE TO PLAINTIFF. The clerk of the Court is instructed to send a copy of this order to the Litigation Coordinator at PBSP, to comply with the Court's request to provide informatio n regarding defendants Frank Guy Sr., Rogers, and Dr. A. Srikureja. The clerk shall also enclose a copy of plaintiff's notice filed on April 29, 2010, with a copy of this order. The Litigation Coordinator shall file a response within twenty (20) days from the date of this order. Signed by Judge James Ware on 5/11/2010. (ecg, COURT STAFF) (Filed on 5/13/2010)
March 31, 2010 71 Opinion or Order of the Court ORDER OF DISMISSAL OF CLAIMS AGAINST UNSERVED DEFENDANTS; DIRECTING PLAINTIFF TO PROVIDE INFORMATION FOR REMAINING UNSERVED DEFENDANTS. All claims against defendants Duncan, Johnson, R. Roberts, Dr. D. Winslow, Warden J. McGrath, Dr. A. Everett, A. A tkins and Schwartz are dismissed without prejudice under Rule 4(m) of the Federal Rules of Civil Procedure. The clerk shall terminate these defendants from this action. Defenants A. Everett, Johnson, Joseph McGrath, R. Roberts, Schwartz, D. Winslow, A. Atkins and Duncan terminated. Plaintiff shall provide the Court with the necessary information as discussed above for unserved defendants Dr. Srikureja, F. Guy, Sr., and Rogers in a pleading no later than thirty (30) days from the date of this ord er. Plaintiff must provide the Court with sufficient information in order for the Court to provide the United States Marshal with sufficient information for service to be effected under Fed. R. Civ. P. 4(c)(2). Failure to comply with this order may result in dismissal of the complaint against these defendants under Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge James Ware on 3/30/2010. (ecg, COURT STAFF) (Filed on 3/31/2010)
May 28, 2009 60 Opinion or Order of the Court ORDER GRANTING MOTION FOR EXTENSION OF TIME TO SERVE UNSERVED DEFENDANTS re 56 MOTION for Extension of Time to File.Plaintiff must either himself effect service on defendants or provide the Court with the information in a pleading as discussed abov e for unserved defendants Duncan, Johnson, R. Roberts, Dr. D. Winslow, Warden J. McGrath, Dr. A. Everett, A. Atkins, Schwartz, Dr. Srikureja, F. Guy, Sr., and Rogers no later than thirty (30) days from the date of this order. If Plaintiff effects ser vice himself, he must provide the Court with proof thereof. Otherwise, Plaintiff must provide the Court with sufficient information to allow the United States Marshal to effect service. Failure to comply with this order will result in dismissal of the complaint against these defendants under Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge James Ware on 5/13/2009. (ecg, COURT STAFF) (Filed on 5/28/2009)
March 13, 2009 50 Opinion or Order of the Court ORDER Plaintiff SHALL provide the Court with the necessary information for UNSERVED defendants Duncan, Johnson, R. Roberts, Dr. D. Winslow, Warden J. McGrath, Dr. A. Everett, A. Atkins and Schwartz within 30 days from the date of this order.The CL ERK is instructed to send a copy of this order to the Litigation Coordinator at PBSP. The clerk is to ISSUE SUMMONS and on defendants Dr. Srikureja, F. Guy, Sr., and Rogers re 14 AMENDED COMPLAINT and along with copy of order 18 and 30 at Pelic an Bay State Prison as it APPEARS that these defendants WERE NOT INITIALLY SERVED. re 44 MOTION for Entry of Default filed by Jesus H. Borjas, 45 MOTION for Entry of Default filed by Jesus H. Borjas. Signed by Judge James Ware on 2/18/2009. (ecg, COURT STAFF) (Filed on 3/13/2009) Modified on 3/16/2009 (cv, COURT STAFF).. Modified on 3/17/2009 (cv, COURT STAFF).

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Plaintiff: Jesus H. Borjas
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Defendant: L. Bree
Represented By: Neah Huynh
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Defendant: D. Forkner
Represented By: Neah Huynh
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Defendant: F. Guy, Sr.
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Defendant: Mullens
Represented By: Neah Huynh
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Defendant: A. Rochuba
Represented By: Neah Huynh
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Defendant: Rogers
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Defendant: Srikureja
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