Daughtery v. Wilson et al
Plaintiff: William John Daughtery
Defendant: Dennis Wilson, Esmeralda Tagaban, - Griffin and Lemus
Case Number: 3:2008cv00408
Filed: March 3, 2008
Court: US District Court for the Southern District of California
Office: Prisoner: Civil Rights Office
County: Riverside
Presiding Judge: William Q. Hayes
Presiding Judge: Barbara Lynn Major
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

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Date Filed Document Text
October 29, 2012 Opinion or Order Filing 214 ORDER: The Report and Recommendation (Doc. 173 ) is ADOPTED in its entirety. The Motion for Summary Judgment filed by Defendants (Doc. 154 ) is GRANTED. The Motion to Renew Consideration of his earlier evidentiary motion filed by Plaintiff (Doc. 212 ) is denied as moot. The Clerk of the Court is instructed to enter judgment in this case for Defendants and close the case. Signed by Judge William Q. Hayes on 10/29/2012. (All non-registered users served via U.S. Mail Service.) (mdc)
April 10, 2012 Opinion or Order Filing 205 ORDER: The Motion to Vacate Judgment pursuant to Fed. R. Civ. P. 60(b) (Doc. 198 ) filed by Plaintiff William John Daughtery is granted. The 8/19/2011 Order adopting the Report and Recommendation (Doc. 174 ) and the 8/19/2011 Judgment (Doc. 175 ) are vacated. The Motion to Remand Case to District Court pending a ruling on the Motion to Vacate Judgment (Doc. 200 ) and Motion for Status of Motion to Vacate (Doc. 204 ) filed by Plaintiff William John Daughtery are denied as moot. Plaintiff has filed an Objection to the Report and Recommendation (Doc. 196 ), a motion for the evidence submitted in support of Plaintiff's Opposition to Summary Judgment to be ruled authenticated and admissible (Doc. 192 ), and additional evidence (Doc. 198 -1 through 198 -4). Defendants shall file any reply to these filings (Docs. 192 , 196 , and 198 -1 through 198 -4) by no later than 21 days from the date of this Order. Signed by Judge William Q. Hayes on 4/9/2012. (All non-registered users served via U.S. Mail Service.) (mdc) Modified on 4/11/2012 - Notified appeals clerk re this filing. (mdc). Modified on 4/11/2012 -- Order electronically transmitted to the US Court of Appeals via regenerated NEF. USCA Case Number 11-56623. (akr).
September 30, 2011 Opinion or Order Filing 187 ORDER: IT IS HEREBY ORDERED that the motion for Crateo indication is GRANTED (ECF No. 183 ), and this Court indicates it would entertain a Rule 60(b) motion if the case were remanded by the Court of Appeals for the Ninth Circuit. IT IS FURTHER ORDER ED that the Motion for Court Order to Prison Compelling the Photocopying of More Than 100 Pages (ECF No. 186 ) is DENIED without prejudice on the basis that there are no matters pending before this Court at this stage in the proceedings. The case remains closed. Signed by Judge William Q. Hayes on 9/30/2011. (USCA Case Number 11-56623. Order electronically transmitted to US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
August 19, 2011 Opinion or Order Filing 174 ORDER: The (Doc. 173 ) Report and Recommendation is adopted in its entirety. The (Doc. 154 ) Motion for Summary Judgment is granted. The (Doc. 160 ) Motion to Order Clerk to Return Exhibits is granted. The Clerk of the Court shall return to Plaint iff the exhibits filed with Plaintiff's opposition to the Motion for Summary Judgment (Docs. 159 -1 through 159 -6). The Clerk of the Court shall enter judgment for Defendants and close the case. Signed by Judge William Q. Hayes on 8/19/2011. (All non-registered users served via U.S. Mail Service; specified exhibits were returned to Plaintiff.) (mdc)
January 6, 2011 Opinion or Order Filing 153 ORDER: The (Doc. 152 ) Motion for Preliminary Injunction is denied. Signed by Judge William Q. Hayes on 1/6/2011. (All non-registered users served via U.S. Mail Service.) (mdc)
October 26, 2009 Opinion or Order Filing 126 ORDER: The Motion for Leave to Amend is granted. The "alternate proposed Second Amended Complaint," filed as Docket number 125, is the operative complaint in this action. Signed by Judge William Q. Hayes on 10/26/2009. (All non-registered users served via U.S. Mail Service.) (mdc) (jrl).
August 18, 2009 Opinion or Order Filing 118 ORDER: The Report and Recommendation (Doc. 109 ) is adopted in its entirety. The Motion for Summary Judgment filed by all Defendants (Doc. 65 ) is granted. The Motion for Summary Judgment filed by Defendant Lemus (Doc. 82 ) is denied. The Rule 56( f) motion filed by Plaintiff (Doc. 103 ; Doc. 112 ) is denied. No later than 60 days from the date of this Order, Plaintiff may file a "Motion for Leave to File a Second Amended Complaint." If Plaintiff does not file a "Motion for Le ave to File a Second Amended Complaint" within sixty days of this Order, the Court will order judgment to be entered in favor of Defendants. Signed by Judge William Q. Hayes on 8/18/2009. (All non-registered users served via U.S. Mail Service.) (mdc)(av1).
June 15, 2009 Opinion or Order Filing 109 REPORT AND RECOMMENDATION For Order Granting Defendants' Motion For Summary Judgment (Doc. 65 ) And Denying Lemus' Motion For Summary Judgment (Doc. 82 ) And ORDER Denying Plaintiff's Motion For Personnel Records (Doc. 72 ): It is r ecommended that the District Court issue an Order: (1) approving and adopting this Report and Recommendation, (2) granting the Officers' Motion, (3) denying the Lemus Motion, and (4) denying Plaintiff's Rule 56(f) motion. Objections to R&R due by 7/6/2009. Replies due by 7/27/2009. Signed by Magistrate Judge Barbara Lynn Major on 6/15/2009. (All non-registered users served via U.S. Mail Service.) (mdc) (jrl).
January 28, 2009 Opinion or Order Filing 89 ORDER Granting Ex Parte Application To Continue The Final Pre-Trial Conference Date And Related Dates (Re Doc. 85 ): Pretrial Motions new date of 6/20/2009. Proposed Final Pretrial Conference Order Pursuant to Local Rule 16.1(f)(6) new date of 10/19/2009. Final Pretrial Conference new date of 10/26/2009. Signed by Magistrate Judge Barbara Lynn Major on 1/28/2009. (All non-registered users served via U.S. Mail Service.) (mdc)
January 16, 2009 Opinion or Order Filing 86 ORDER ADOPTING REPORT AND RECOMMENDATION: The 61 Report and Recommendation is adopted in its entirety. Defendants' 42 Motion to Dismiss the City of San Diego and the San Diego Police Department is granted. Signed by Judge William Q. Hayes on 1/16/09. (All non-registered users served via U.S. Mail Service).(pdc)
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Plaintiff: William John Daughtery
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Defendant: Dennis Wilson
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Defendant: Esmeralda Tagaban
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Defendant: - Griffin
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Defendant: Lemus
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