Parmer v. Alvarez et al
| David Earl Parmer |
| Alvarez and Cuevas-Pedro |
| 3:2009cv00412 |
| February 26, 2009 |
| US District Court for the Southern District of California |
| Prisoner: Civil Rights Office |
| San Diego |
| Dana M. Sabraw |
| Nita L. Stormes |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
36
ORDER adopting Report and Recommendation of Magistrate Judge re 33 , 35 . After a full review, the Court adopts the Magistrate Judge's recommendation in full and Grants Defendants' motion to dismiss. Plaintiff's Second Amended Complaint is dismissed without prejudice and without leave to amend. Signed by Judge Dana M. Sabraw on 10/15/10. (All non-registered users served via U.S. Mail Service)(lao)
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Filing
32
ORDER denying 28 Plaintiff's Second Motion for Appointment of Counsel without prejudice. Signed by Magistrate Judge Nita L. Stormes on 3/24/10. (All non-registered users served via U.S. Mail Service)(lao) (jrl).
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Filing
27
ORDER granting in part and denying in part 18 Defendants' Motion to Dismiss Plaintiff's First Amended Complaint pursuant to FED.R.CIV.P.12(b) & 12(b)(6). It is Hereby Ordered that: (1) Defendants Motion to Dismiss Plaintiffs First Amended Complaint for failing to exhaust administrative remedies pursuant to FED.R.CIV.P. 12(b) 18 is Denied; (2) Defendants' Motion to Dismiss Plaintiff's First Amended Complaint for failing to state a claim upon which relief can be granted pur suant to FED.R.CIV.P. 12(b)(6) 18 is Granted; and (3) Grants Plaintiff forty-five (45) days leave to file and serve upon Defendants a Second Amended Complaint which addresses each deficiency of pleading identified in this Order. Plaintiff's Am ended Complaint must be complete in itself without reference to his original Complaint. See S. D. CAL. CIVLR 15.1. Any Defendant not named and any claim not re-alleged in the Amended Complaint will be considered waived. Signed by Judge Dana M. Sabraw on 1/7/10. (All non-registered users served via U.S. Mail Service)(lao)(jrl).
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Filing
25
ORDER (1) Denying 24 Plaintiff's Motion for Emergency Transfer and (2) Providing Plaintiff Notice of Defendants' Motion to Dismiss pursuant to Wyatt v. Terhune and setting revised briefing schedule. The December 11, 2009 Motion hearing d ate is Vacated. (Opposition due by 12/24/2009. Reply due by 12/31/2009.) The Court will consider the matter fully briefed as submitted on the papers as of Thursday, January 8, 2010, and will thereafter issue a written Order ruling on Defendants' Motion without requiring any appearances or holding any oral argument. Signed by Judge Dana M. Sabraw on 12/1/09. (All non-registered users served via U.S. Mail Service)(lao) (jrl).
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