Miller v. Catlett et al
| Curtis E Miller |
| T Catlett and A Amat |
| 3:2008cv02428 |
| March 25, 2009 |
| US District Court for the Southern District of California |
| Prisoner: Civil Rights Office |
| Imperial |
| Peter C. Lewis |
| Dana M. Sabraw |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
102
ORDER overruling objections; ADOPTING REPORT AND RECOMMENDATION and granting Defendants' 85 Motion for Summary Judgment. Signed by Judge Anthony J. Battaglia on 01/05/12.(All non-registered users served via U.S. Mail Service)(cge)
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Filing
49
ORDER denying 33 Plaintiff's Motion for Reconsideration. Signed by Judge Dana M. Sabraw on 5/20/10. (All non-registered users served via U.S. Mail Service)(lao) (jrl).
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Filing
29
ORDER (1) Adopting in part and rejecting in part 22 Report and Recommendation and (2) Granting in part and Denying in part 12 Defendants' Motion to Dismiss. The Court adopts the recommendation that Plaintiff's claims be dismissed for fa ilure to state a claim. Plaintiff's retaliation claim is dismissed without prejudice and with leave to amend. Plaintiff's state law claims are dismissed with prejudice and without leave to amend. The Court rejects the Magistrate Judge' s recommendation to dismiss the Complaint for failure to exhaust. Defendants' motion to dismiss for lack of exhaustion is denied, and their motion to dismiss for failure to state a claim is granted. Plaintiff is hereby granted forty-five (45) da ys leave to file and serve upon Defendants a First Amended Complaint that addresses the pleading deficiencies associated with his retaliation claim. Signed by Judge Dana M. Sabraw on 2/1/10. (All non-registered users served via U.S. Mail Service)(lao) (jrl).
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Filing
22
REPORT AND RECOMMENDATION granting 12 Defendants' MOTION to Dismiss. The Court recommends that Plaintiff's Complaint be dismissed without prejudice. (Objections to R&R due by 11/30/2009. Reply due by 12/14/2009.) Signed by Magistrate Judge Peter C. Lewis on 11/10/09. (All non-registered users served via U.S. Mail Service)(lao)(jrl).
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