Wayne et al v. Leal

Plaintiff: Tony J. Wayne and Nguyen
Defendant: O Leal
Case Number: 3:2007cv01605
Filed: August 13, 2007
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Barbara Lynn Major
Presiding Judge: Jeffrey T. Miller
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
August 4, 2009 88 Opinion or Order of the Court ORDER signed by Judge Jeffrey T. Miller on 8/4/09. The court hereby adopts the findings and recommendations of the R&R. Accordingly, the court grants in part and denies in part Defendants' motion to dismiss. Plaintiff's § 1983 claims f or retaliation and falsified incident reports or withheld evidence are dismissed without prejudice and with leave to amend. Plaintiff's state law assault and battery claim is dismissed with prejudice. The court denies Plaintiff's motion to amend 76 and motion for summary judgment 70 and 80 . The court also denies Plaintiff's motion for entry of default 82 . Plaintiff is granted leave to file a third amended complaint by 9/4/09 consistent with this order.(All non-registered users served via U.S. Mail Service).(tkl) (av1).
January 23, 2009 83 Opinion or Order of the Court ORDER signed by Judge Jeffrey T. Miller on 1/12/09. Plaintiff's request for TRO regarding denial of access to the courts is denied 72 . (All non-registered users served via U.S. Mail Service).(tkl)
January 14, 2009 77 Opinion or Order of the Court ORDER setting hearing date and briefing schedule on pla's motion to amend his second amd complaint 76 . Motion Hearing set for 2/27/2009 10:00 AM before Magistrate Judge Barbara Lynn Major. Dfts may file an opposition by 2/13/09.. Signed by Magistrate Judge Barbara Lynn Major on 1/14/09. (All non-registered users served via U.S. Mail Service).(tkl)
January 13, 2009 74 Opinion or Order of the Court ORDER taking 68 Motion to Dismiss Plaintiff's Second Amended under submission. Signed by Magistrate Judge Barbara Lynn Major on 1/13/09. (All non-registered users served via U.S. Mail Service).(tkl)
January 12, 2009 73 Opinion or Order of the Court ORDER denying 72 in part Motion for TRO and requesting response from defendant, which shall be filed and served by 1/20/09. Signed by Judge Jeffrey T. Miller on 1/12/09. (All non-registered users served via U.S. Mail Service).(tkl)
September 4, 2007 3 Opinion or Order of the Court ORDER denying 2 Motion for Leave to Proceed in forma pauperis and dismissing case without prejudice pursuant to 1915(a). Signed by Judge Jeffrey T. Miller on 8/31/07; Motion and Decl in support of mot to proceed IFP mailed. (tkl)

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Plaintiff: Tony J. Wayne
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Plaintiff: Nguyen
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Defendant: O Leal
Represented By: Attorney General
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