Williams v. Small et al

Plaintiff: Stephen Jerome Williams
Defendant: Larry Small, J Kellerman, R Johnson, T Diaz, A Casillas, Hopper, D Bell, Unknown, - and Najaro
Case Number: 3:2009cv01957
Filed: September 4, 2009
Court: California Southern District Court
Office: San Diego Office
County: Imperial
Presiding Judge: Michael M. Anello
Referring Judge: Ruben B. Brooks
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
August 3, 2012 68 Opinion or Order of the Court ORDER granting in part and denying in part 63 Motion to Dismiss: Based on the foregoing, the Court GRANTS IN PART Defendants' motion, DISMISSES Plaintiff's excessive force claim as to all defendants with prejudice, and DISMISSES Plaint iff's conditions of confinement/failure to protect claim as to Defendants Barajaz, Hughey, and Gomez with prejudice. The Court DENIES IN PART Defendants' motion and finds that Plaintiff has stated a plausible serious medical needs claim against Defendants Hughey and Gomez. The Court DENIES Defendants Hughey and Gomez's request for qualified immunity without prejudice. Signed by Judge Michael M. Anello on 8/3/2012. (All non-registered users served via U.S. Mail Service)(amk)
April 16, 2012 60 Opinion or Order of the Court ORDER Granting in Part and Denying in Part 48 Motion to Dismiss Plaintiff's Third Amended Complaint. This Order disposes of all claims against Defendants Diaz, Johnson, and Kellerman, and they shall be terminated from this action. The Court D enies in Part Defendants' motion and finds that Plaintiff has stated a plausible conditions of confinement claim against Defendants Hopper and Anderson. Signed by Judge Michael M. Anello on 4/16/2012. (All non-registered users served via U.S. Mail Service)(leh)
February 21, 2012 53 Opinion or Order of the Court ORDER Directing Service of Summons and 47 Third Amended Complaint filed by Stephen Jerome Williams. It is hereby ordered that service of the third amended complaint is appropriate for five defendants stated herein. Upon receipt of his "IFP Pa ckage" Plaintiff shall complete and shall return them to the U.S. Marshal, along with all the necessary materials described in the Clerk's letter accompanying his "IFP package" by 3/29/2012. Signed by Judge Michael M. Anello on 2/21/2012. (Pro Per Packaged Prepared)(All non-registered users served via U.S. Mail Service)(leh)
August 23, 2011 44 Opinion or Order of the Court ORDER Re: 43 Motion for Status Update on Plaintiff's Application for Reconsideration and Motion for Leave to File Third Amended Complaint. The Court grants Plaintiff an additional 30 days from the date this Order is filed in which to submit a third amended complaint that complies with the terms andconditions stated in the Court's 2/14/2011 Order. Signed by Judge Michael M. Anello on 8/23/2011. (Order dated 2/14/2011 mailed to Plaintiff) (All non-registered users served via U.S. Mail Service)(leh)(jrd)
February 14, 2011 42 Opinion or Order of the Court ORDER Re: 41 Motion for Reconsideration; and Motion for Leave to File Amended Complaint. Based herein, the Court grants in part and denies in part Plaintiff's motion for reconsideration of the Court's 11/3/2010 Order. Because the Court ha s granted Plaintiff further leave to amend, the Court declines to accept his proposed third amended complaint (Exhibit B to his motion) for filing and shall give Plaintiff an additional 30 days in which to file a third amended complaint. Signed by Judge Michael M. Anello on 2/14/2011. (All non-registered users served via U.S. Mail Service)(leh)
November 3, 2010 38 Opinion or Order of the Court ORDER granting 25 Motion to Dismiss Plaintiff's Second Amended Complaint. Based on the foregoing stated herein, the Court grants Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint for failure to state a claim under Fe deral Rule of Civil Procedure 12(b)(6). In addition, the Court grants Plaintiff leave to amend only as to his Eighth Amendment conditions of confinement claim against Defendants Hopper and Andersen. The remainder of Plaintiff's claims are Dismis sed with prejudice and without leave to amend. If Plaintiff still wishes to pursue this action and amend his claims in accordance with this Order, he shall have 30 days from the date of this Order within which to file a third amended complaint. Signed by Judge Michael M. Anello on 11/3/2010. (All non-registered users served via U.S. Mail Service)(leh)
October 30, 2009 3 Opinion or Order of the Court ORDER granting 2 Motion for Leave to Proceed in forma pauperis; and Sua Sponte Dismissing Complaint for Failing to State a Claim Pursuant to 28 U.S.C. 1915. Plaintiff is granted 45 days leave from the date this Order is filed to file a First Amende d Complaint. Clerk of Court is directed to mail a Court approved 1983 complaint form to Plaintiff. Signed by Judge Michael M. Anello on 10/30/2009. (cc: 1983 form mailed to Plaintiff) (All non-registered users served via U.S. Mail Service)(leh) (av1).

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Plaintiff: Stephen Jerome Williams
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Defendant: Larry Small
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Defendant: J Kellerman
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Defendant: R Johnson
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Defendant: T Diaz
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Defendant: A Casillas
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Defendant: Hopper
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Defendant: D Bell
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Defendant: Unknown, -
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Defendant: Najaro
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