Young v. Smalls et al

Plaintiff: Howard Young
Defendant: Larry Smalls, G J Janda, W J Price, Rigney, M Tapia, F Lopez, R Madden, R G Sutton, J Criman, J Bellinger, Badilla, H L Drake, J Mudra, Shields and John Doe 1-5
Case Number: 3:2009cv02545
Filed: November 10, 2009
Court: California Southern District Court
Office: San Diego Office
County: Imperial
Referring Judge: Jan M. Adler
Presiding Judge: Dana M. Sabraw
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
April 4, 2012 168 Opinion or Order of the Court ORDER ADOPTING 160 REPORT AND RECOMMENDATION and denying 141 Plaintiff's Motion for Summary Judgment. Plaintiff's objections to the Report and Recommendation are overruled and the Report and Recommendation is Adopted. Plaintiff's motion for summary judgment is denied without prejudice for the reasons stated in the Report and Recommendation. Signed by Judge Dana M. Sabraw on 4/3/12.(All non-registered users served via U.S. Mail Service)(lao)
March 15, 2012 162 Opinion or Order of the Court ORDER denying 149 Plaintiff's Motion for leave to file a Fifth Amended Complaint. Signed by Magistrate Judge Jan M. Adler on 3/15/12. (All non-registered users served via U.S. Mail Service)(lao)
March 2, 2012 159 Opinion or Order of the Court ORDER denying 157 Plaintiff's Motion to Quash subpoenas and Motion for Appointment of Counsel. Plaintiff shall file his motion to quash in the Eastern District by no later than March 26, 2012. Plaintiff shall serve a copy of the motion on Defendants' counsel. Signed by Magistrate Judge Jan M. Adler on 3/2/12. (All non-registered users served via U.S. Mail Service)(lao)
December 19, 2011 145 Opinion or Order of the Court ORDER (1) Denying Plaintiff's Motion for Reconsideration 139 ; (2) Setting briefing schedule on Plaintiff's renewed Motion for Summary Judgment 141 ; (3) Denying Plaintiff's Motion for an Order for access to law library 142 ; and (4 ) Granting Plaintiff's request for copies of chambers 142 . Plaintiff shall file a memorandum of points and authorities and all documents supporting his motion for summary judgment on or before January 13, 2012. Defendants shall file an opposit ion to Plaintiff's summary judgment motion on or before January 27, 2012. Plaintiff shall file a reply brief on or before February 10, 2012. Signed by Magistrate Judge Jan M. Adler on 12/19/11. (All non-registered users served via U.S. Mail Service)(copies of the "Civil Pretrial & Trial Procedures of Judge Dana M. Sabraw" and for "Judge Adler's Chambers Rules" mailed to Plaintiff)(lao)
October 27, 2011 134 Opinion or Order of the Court ORDER (1) finding subpoenas to be defective and unenforceable; (2) Denying Plaintiff's Motion to quash as moot; and (3) Denying Plaintiff's Motion for appointment of counsel and for expert witnesses re 122 , 126 , 131 . Signed by Magistrate Judge Jan M. Adler on 10/27/11. (All non-registered users served via U.S. Mail Service)(lao)
August 22, 2011 116 Opinion or Order of the Court ORDER granting in part and denying in part 98 Defendants' Motion to Dismiss pursuant to FED.R.CIV.P.12(b). The Court hereby Grants Defendant Smalls' Motion to Dismiss all claims against him found in Plaintiff's Fourth Amended Compla int pursuant to FED.R.CIV.P. 12(b)(6) 98 ; Denies Defendants' Motion to Dismiss Plaintiff's Eighth Amendment claims pursuant to FED.R.CIV.P. 12(b)(6) 98 ; Grants Defendants' Motion to Dismiss Plaintiff's Fourteenth Amendment due process and equal protection claims pursuant to FED.R.CIV.P. 12(b)(6) 98 ; Denies Defendants' Motion to Dismiss Plaintiff's religious claims for lack of proper venue; and It is further Ordered that: Defendants Janda, Price, Rigney, Tapia, CDCR, Middleton and Ochoa shall file and serve their Answer to the claims that remain in Plaintiff's Fourth Amended Complaint within twenty one (21) days of the date this Order is "Filed" pursuant to FED.R.CIV.P. 12(a)(4)(A). Signed by Judge Dana M. Sabraw on 8/22/11. (All non-registered users served via U.S. Mail Service)(lao)
January 27, 2011 76 Opinion or Order of the Court ORDER denying 73 Plaintiff's Motion for Reconsideration. Signed by Magistrate Judge Jan M. Adler on 1/27/11. (All non-registered users served via U.S. Mail Service)(lao)
January 12, 2011 70 Opinion or Order of the Court ORDER denying 53 Plaintiff's Amended Motion for Injunctive Relief. Signed by Judge Dana M. Sabraw on 1/12/11. (All non-registered users served via U.S. Mail Service)(lao)
October 29, 2010 38 Opinion or Order of the Court ORDER denying 35 Plaintiff's Motion for Reconsideration of the Court's September 30, 2010 Order. Signed by Judge Dana M. Sabraw on 10/29/10. (All non-registered users served via U.S. Mail Service)(lao)
September 30, 2010 32 Opinion or Order of the Court ORDER: (1) Dismissing claims and Defendants from Fourth Amended Complaint for failing to state a claim pursuant to 28 U.S.C. 1915(e)(20&1915A(b); and (2) Directing U.S. Marshal to effect service of Fourth Amended Complaint pursuant to Fed.R.Civ.P.4(c )(3) & 28 U.S.C.1915(d). It is hereby Ordered that: Defendants Lopez, Madden, Sutton, Criman, Bellinger, Badilla, Drake, Mudra,Shields, John Does and Magill are Dismissed from this action. Plaintiff's Fourteenth Amendment restitution claims and personal property claims are Dismissed without leave to amend for all the reasons set forth in the Court's July 19, 2010 Order. Plaintiff's claims for monetary damages against the CDCR and Calipatria State Prison are Dismissed without leav e to amend pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) & (iii). Any claims for injunctive relief against the CDCR or Calipatria State Prison remain in the action. Signed by Judge Dana M. Sabraw on 9/30/10.(All non-registered users served via U.S. Mail Service)(pro per package mailed)(lao)
July 19, 2010 29 Opinion or Order of the Court ORDER DISMISSING Third Amended Complaint without prejudice for failing to State a Claim pursuant to 28 U.S.C. 1915(e)(20 & 1915A(b). Plaintiff is Granted forty five (45) days leave from the date this Order is "Filed" in which to file a Fourth Amended Complaint. Signed by Judge Dana M. Sabraw on 7/19/10. (All non-registered users served via U.S. Mail Service)(1983 form mailed to Plaintiff)(lao)
April 15, 2010 22 Opinion or Order of the Court ORDER DISMISSING Second Amended Complaint without prejudice for failing to State a Claim pursuant to 28 U.S.C. 1915(e)(20 & 1915A(b). Plaintiff is Granted forty five (45) days leave from the date this Order is "Filed" in which to file a Thi rd Amended Complaint. Defendants not named and all claims not re-alleged in the Amended Complaint will be deemed to have been waived. Signed by Judge Dana M. Sabraw on 4/15/10.(All non-registered users served via U.S. Mail Service)(1983 form mailed to Plaintiff)(lao) (av1).
February 26, 2010 16 Opinion or Order of the Court ORDER granting 15 Plaintiff's Motion for Extension of Time to Amend and Directing Clerk to provide Plaintiff with copy of First Amended Complaint. Plaintiff's Second Amended Complaint must be received by the Court no later than Monday, March 29, 2010. Signed by Judge Dana M. Sabraw on 2/26/10. (All non-registered users served via U.S. Mail Service)(copy of Court's January 19, 2010 Order 11 and First Amended Complaint 12 mailed to Plaintiff)(lao) (jrl).
January 27, 2010 13 Opinion or Order of the Court ORDER DISMISSING First Amended Complaint. The Court will Dismiss Plaintiff's First Amended Complaint and permit him to file a Second Amended Complaint within the time frame already identified in the Court's January 19, 2010 Order. If Plaint iff wishes to instead proceed with the First Amended Complaint filed on January 19, 2010, he must notify the Court no later than March 1, 2010 of that decision. The Court will then reopen the matter and sua sponte screen Plaintiff's First Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) & 1915A(b). Signed by Judge Dana M. Sabraw on 1/27/10.(All non-registered users served via U.S. Mail Service)(lao) (av1).
January 19, 2010 11 Opinion or Order of the Court ORDER: (1) Granting 2 Plaintiff's Motion to proceed in forma pauperis, imposing initial partial filing fee and garnishing balance from prisoner's trust account pursuant to 28 U.S.C. 1915(a); (2) Denying 6 Motion for Appointment of Couns el pursuant to 28 U.S.C. 1915(e)(1); (3) Denying 7 Motion for Temporary restraining Order; and (4) Dismissing Complaint without prejudice for failing to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B) & 1915A(b). Defendant's Motion for exten sion of Time to file Motion to Proceed IFP 3 is Denied as Moot. Plaintiff is Granted forty five (45) days leave from the date this Order is filed in which to file a First Amended Complaint which cures all the deficiencies of pleading. Defendants n ot named and all claims not realleged in the Amended Complaint will be considered waived. Signed by Judge Dana M. Sabraw on 1/19/10. (All non-registered users served via U.S. Mail Service)(Copy of 1983 complaint form mailed to Plaintiff)(Order electronically transmitted to Matthew Cate, Secretary CDCR)(lao) (jrl).

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Plaintiff: Howard Young
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Defendant: Larry Smalls
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Defendant: G J Janda
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Defendant: W J Price
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Defendant: Rigney
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Defendant: M Tapia
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Defendant: F Lopez
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Defendant: R Madden
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Defendant: R G Sutton
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Defendant: J Criman
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Defendant: J Bellinger
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Defendant: Badilla
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Defendant: H L Drake
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Defendant: J Mudra
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Defendant: Shields
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Defendant: John Doe 1-5
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