Paschelke v. Doe et al

Plaintiff: Elijah Paschelke
Defendant: John Doe
Case Number: 3:2009cv02191
Filed: October 2, 2009
Court: California Southern District Court
Office: San Diego Office
County: San Bernardino
Referring Judge: Cathy Ann Bencivengo
Presiding Judge: Irma E. Gonzalez
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
May 19, 2011 52 Opinion or Order of the Court ORDER granting Defendants' 45 Motion for Summary Judgment. Dfts' motion for summary judgment for failing to exhaust administrative remedies pursuant to FRCP 56 is granted. Dfts William Kolender and County of San Diego's motion for s ummary judgment as to all claims against them is granted. Clerk shall enter judgment for Dfts Kolender and the County of San Diego and close the file. Signed by Judge Irma E. Gonzalez on 5/19/2011. (All non-registered users served via U.S. Mail Service) (jah)
July 28, 2010 29 Opinion or Order of the Court ORDER denying Plaintiff's 28 Motion for Relief from Order Pursuant to FRCP 60(b). Signed by Judge Irma E. Gonzalez on 7/28/2010. (All non-registered users served via U.S. Mail Service)(jah)
June 30, 2010 24 Opinion or Order of the Court ORDER: defendant San Diego County Central Detention Facility's motion to dismiss pursuant to FED.R.CIV.P.12(b)(6) 18 is granted; defendant County of San Diego's motion to dismiss or alternatively quash service 18 is denied; defendant County of San Diego is ordered to file an Answer to plaintiff's Amended Complaint within the time provided by FED.R.CIV.P.12(a)(4)(A). Signed by Judge Irma E. Gonzalez on 6/30/10. (All non-registered users served via U.S. Mail Service)(kaj)(jrl).
October 28, 2009 3 Opinion or Order of the Court ORDER granting Plaintiff's 2 Motion for Leave to Proceed in Forma Pauperis. Warden ordered to collect from Pla's prison trust acct the $350 balance of the filing fee by collecting monthly payments from the trust acct in an amount eq ual to 20% of the preceding month's income and forward payments to the Clerk of Court each time the amt in the acct exceeds $10 in accordance w/ 28 USC 1915(b)(2). Pla's Complaint is dismissed w/o prejudice for failing to state a claim upon which relief may be granted. Pla is granted 60 days leave from the date this Order is filed to file a First Amended Complaint. Dfts not named and all claims not realleged in the Amended Complaint will be considered waived. Pla is cautioned that should he elect not to amend or if the Amended Complaint still fails to state a claim upon which relief may be granted, the dismissal may be counted as a "strike" pursuant to 28 USC 1915(g). Signed by Judge Irma E. Gonzalez on 10/28/2009. Case closed. (cc: Warden, FCI Victorville) (All non-registered users served via U.S. Mail Service)(jah) (av1).

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Plaintiff: Elijah Paschelke
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Defendant: John Doe
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