Bryant v. Thomas et al

Plaintiff: Kevin Darnell Bryant
Defendant: Seleaina Anne Thomas, Martin Levin, Vrooman, Sepulveda, Edwards, L E Scribner, James Tilton, K Harrington, Sherry Lopez, Huddleston, Anthony Hedgpeth, Will Adams, Chen, ., Nguyen, Lorenzo Vasquez, Spaeth, Kim, Peter Faber Szerrenyl, Matthew Cate and California Department of Corrections and Rehabilitation
Case Number: 3:2009cv01334
Filed: June 19, 2009
Court: California Southern District Court
Office: San Diego Office
County: Kern
Presiding Judge: William Q. Hayes
Referring Judge: Nita L. Stormes
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
September 8, 2015 169 Opinion or Order of the Court ORDER ADOPTING REPORT AND RECOMMENDATION. The Report and Recommendation is adopted in its entirety. (ECF No. 164 ). The Motion for Relief from Judgment under Rule 60(b)(2) (ECF No. 152 ) is denied. Signed by Judge William Q. Hayes on 09/08/2015.(All non-registered users served via U.S. Mail Service)(ag)
February 19, 2014 140 Opinion or Order of the Court ORDER Adopting In Part 137 Report and Recommendation. The Report and Recommendation is ADOPTED in part. The Motion to Dismiss 133 is GRANTED. The Second Amended Complaint is DISMISSED without prejudice and without leave to amend. The Clerk of the Court shall close this case. Signed by Judge William Q. Hayes on 2/19/2014. (All non-registered users served via U.S. Mail Service)(srm)
November 27, 2012 114 Opinion or Order of the Court ORDER: The Report and Recommendation is ADOPTED in its entirety. (Doc. 104 ). The Motion for Summary Judgment filed by Defendants Thomas, Vrooman, and Sepulveda is GRANTED. (Doc. 75 ). Plaintiff is granted leave to amend his claims against Defendan ts Vrooman and Sepulveda within ninety (90) days of this Order. If Plaintiff fails to amend his claims against Defendants Vrooman and Sepulveda within ninety (90) days of this Order, the Clerk of the Court will be instructed to close this case. Signed by Judge William Q. Hayes on 11/27/2012. (All non-registered users served via U.S. Mail Service.) (mdc)
May 23, 2011 47 Opinion or Order of the Court ORDER: The Report and Recommendation (Doc. 44 ) is adopted in its entirety, and the Motion for Leave to File First Amended Complaint is granted as to all claims against Defendants Thomas, Vrooman and Sepulveda and denied as to all claims against Def endants Levin, Scribner, Szerrenyl, Tilton and proposed defendant Sellen. The Clerk of the Court shall file the proposed First Amended Complaint attached to the Motion for Leave to File First Amended Complaint (including all subsequent attachments) ( Doc. 39 -1 through Doc. 39 -6) as a separate docket entry. Once filed, the First Amended Complaint will be the operative pleading in this action, and only Defendants Thomas, Vrooman and Sepulveda shall remain as active Defendants. Defendants Thomas , Vrooman and Sepulveda shall respond to the First Amended Complaint within the time allowed by the applicable rules. Signed by Judge William Q. Hayes on 5/23/2011. (All non-registered users served via U.S. Mail Service.) (mdc) Modified on 5/23/2011 - No new defts included in First Amended Complaint; IFP package was prepared on First Amended Complaint as to Deft Thomas only (the docket does not reflect any responsive pleading from Deft Thomas re the original complaint); Defts Vrooman's and Sepulveda's atty is being noticed electronically; regenerated NEF. (mdc) Modified on 5/23/2011 to correct minor text error. (mdc)
September 30, 2010 32 Opinion or Order of the Court ORDER: (1) Granting Defendants' Motion To Dismiss Plaintiff's Complaint Pursuant To Fed.R.Civ.P. 12(b)(6); (2) Directing Service On Defendant Thomas (Re Doc. 26 ): The Court grants the Motion to Dismiss Plaintiff's Complaint without p rejudice as to Defendants Levin, Vrooman, Sepulveda, Scribner and Edwards. The Court orders the Attorney General's office to obtain Thomas' last known contact information from the CDCR, and provide this information to the U.S. Marshal. With in 45 days of receipt of any available addresses from the Deputy Attorney General, the Court orders the U.S. Marshal to serve a copy of Plaintiff's Complaint and summons upon Thomas. The Clerk of the Court shall provide a copy of: (1) the Court& #039;s 11/9/2009 Service Order; (2) this Order; and (3) the Complaint, summons and a blank U.S. Marshal Form 285. Both the Deputy Attorney General and the Office of the U.S. Marshal are ordered to keep any address provided for Thomas strictly confidential. Signed by Judge William Q. Hayes on 9/30/2010. (All non-registered users served via U.S. Mail Service; per Order, copies, a summons and blank Form USM-285 sent to the Deputy Atty Gen.) (mdc)
November 9, 2009 16 Opinion or Order of the Court ORDER: (1) Denying Motion For Appointment Of Counsel And Motion For Law Library Access (Docs. 3 , 14 ); (2) Granting Motion To Proceed In Forma Pauperis, Imposing No Initial Partial Filing Fee, Garnishing $350 From Prisoner's Trust Accoun t (Doc. 2 ); (3) Sua Sponte Dismissing Claims And Defendants For Lack Of Proper Venue And For Failing To State A Claim; And (4) Directing U.S. Marshal To Effect Service Upon Remaining Defendants Pursuant To Fed.R.Civ.P. 4(c)(3) And 28 U.S.C. Section 1915(d). Defendants Cate, Tilton and the California Department of Corrections and Rehabilitation are dismissed pursuant to 28 U.S.C. Section 1915(e)(2)(B) & 1915A. Defendants Harrington, Lopez, Huddleston, Hedgpeth, Adams, Chen, Nguyen, Vasquez, Spa eth, Kim and Szerrenyl are dismissed for lack of proper venue. The Clerk shall issue a summons upon the remaining Defendants Thomas, Levin, Vrooman, Sepulveda, Edwards and Scribner. Signed by Judge William Q. Hayes on 11/9/2009. (All non-registered users served via U.S. Mail Service; Order electronically transmitted to Matthew Cate, Secretary CDCR; IFP package prepared for remaining defendants.) (mdc) (jrl).
September 28, 2009 12 Opinion or Order of the Court ORDER granting plaintiff's Motions for Reconsideration 9 and 11 . The Court also vacates the Order filed on July 24, 2009. The Clerk of Court is directed to reopen the file. Signed by Judge William Q. Hayes on 9/28/09. (All non-registered users served via U.S. Mail Service).(tkl) (kaj).
July 27, 2009 6 Opinion or Order of the Court VACATED PER DOC. 12 - CLERK'S JUDGMENT - Plaintiff's Complaint is dismissed as frivolous pursuant to 28 U.S.C. § 1915A(b)(1) and for lack of proper venue. Plaintiff's Motion to Proceed In Forma Pauperis and Motion for Appointment of Counsel are denied as moot. (All non-registered users served via U.S. Mail Service).(tkl) (av1). Modified on 11/10/2009 to indicate vacated status. (mdc)
July 24, 2009 5 Opinion or Order of the Court ORDER VACATED per 12 . ORDER signed by Judge William Q. Hayes on 7/24/09. Plaintiff's Complaint is dismissed as frivolous pursuant to 28 U.S.C. § 1915A(b)(1) and for lack of proper venue. Plaintiff's Motion to Proceed IFP 2 and Motion for Appointment of Counsel 3 are denied as moot. The Clerk shall close the file. (All non-registered users served via U.S. Mail Service).(tkl) (av1). Modified text on 9/28/2009 (tkl).

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Search for this case: Bryant v. Thomas et al
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Plaintiff: Kevin Darnell Bryant
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Defendant: Seleaina Anne Thomas
Represented By: Attorney General
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Defendant: Martin Levin
Represented By: Attorney General
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Defendant: Vrooman
Represented By: Attorney General
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Defendant: Sepulveda
Represented By: Attorney General
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Defendant: Edwards
Represented By: Attorney General
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Defendant: L E Scribner
Represented By: Attorney General
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Defendant: James Tilton
Represented By: Attorney General
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Defendant: K Harrington
Represented By: Attorney General
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Defendant: Sherry Lopez
Represented By: Attorney General
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Defendant: Huddleston
Represented By: Attorney General
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Defendant: Anthony Hedgpeth
Represented By: Attorney General
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Defendant: Will Adams
Represented By: Attorney General
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Defendant: Chen, .
Represented By: Attorney General
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Defendant: Nguyen
Represented By: Attorney General
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Defendant: Lorenzo Vasquez
Represented By: Attorney General
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Defendant: Spaeth
Represented By: Attorney General
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Defendant: Kim
Represented By: Attorney General
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Defendant: Peter Faber Szerrenyl
Represented By: Attorney General
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Defendant: Matthew Cate
Represented By: Attorney General
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Defendant: California Department of Corrections and Rehabilitation
Represented By: Attorney General
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