Andrews v. Whitman et al

Andrews v. Whitman et al

Case Number:	3:2006cv02447
Filed:	November 3, 2006
Court:	US District Court for the Southern District of California
Office:	Prisoner: Civil Rights Office
Presiding Judge:	Larry Alan Burns
Presiding Judge:	Nita L. Stormes
Nature of Suit:	Defendant
Cause of Action:	Federal Question
Jury Demanded By:	42:1983 Prisoner Civil Rights

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Date Filed	Document Text
June 24, 2010	Filing 119 ORDER granting 118 Motion to Certify Appeal Not Taken in Good Faith. The Court certifies this appeal is not taken in good faith, without prejudice to any decision by the Court of Appeals regarding allowing Plaintiff to proceed in forma pauperis. Signed by Judge Larry Alan Burns on 6/23/2010. (USCA Case No. 09-55625. Order electronically transmitted to US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
March 27, 2009	Filing 106 ORDER Overruling Objections to Report and Recommendations; Order Adopting 84 Report and Recommendations; Order Denying 96 Motion for Leave to File Second Amended Complaint; and Order of Dismissal: Plaintiff's request for judicial notice of 1 5 Cal Code Regs. 3401.5 is granted. All claims against Defendants for money damages are dismissed with prejudice. The Court also reaffirms its previous dismissal of all claims against the CDCR. In all other respects the FAC is dismissed without preju dice but without leave to amend, for failure to exhaust administrative remedies. Plaintiff's request for leave to add claims and Defendants is denied. Defendants' request that Plaintiff be charged with a strike under 1915(g) is denied without prejuidce. Signed by Judge Larry Alan Burns on 03/27/09. (All non-registered users served via U.S. Mail Service).(mkz)

Date Filed

Document Text

June 24, 2010

Filing 119 ORDER granting 118 Motion to Certify Appeal Not Taken in Good Faith. The Court certifies this appeal is not taken in good faith, without prejudice to any decision by the Court of Appeals regarding allowing Plaintiff to proceed in forma pauperis. Signed by Judge Larry Alan Burns on 6/23/2010. (USCA Case No. 09-55625. Order electronically transmitted to US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)

March 27, 2009

Filing 106 ORDER Overruling Objections to Report and Recommendations; Order Adopting 84 Report and Recommendations; Order Denying 96 Motion for Leave to File Second Amended Complaint; and Order of Dismissal: Plaintiff's request for judicial notice of 1 5 Cal Code Regs. 3401.5 is granted. All claims against Defendants for money damages are dismissed with prejudice. The Court also reaffirms its previous dismissal of all claims against the CDCR. In all other respects the FAC is dismissed without preju dice but without leave to amend, for failure to exhaust administrative remedies. Plaintiff's request for leave to add claims and Defendants is denied. Defendants' request that Plaintiff be charged with a strike under 1915(g) is denied without prejuidce. Signed by Judge Larry Alan Burns on 03/27/09. (All non-registered users served via U.S. Mail Service).(mkz)

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