Sherman v. Small et al

Plaintiff: Joseph Howard Sherman
Defendant: Larry Small, Tim Ochoa, A Miller, J Jimenez, Jr, E Delgado, S Anderson, D Edwards and Matthew Cate
Case Number: 3:2010cv00290
Filed: February 4, 2010
Court: California Southern District Court
Office: San Diego Office
County: Imperial
Presiding Judge: Irma E. Gonzalez
Referring Judge: Louisa S Porter
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 2, 2012 70 Opinion or Order of the Court ORDER granting in part and denying in part Defendants' 55 Motion for Summary Judgment; denying Plaintiff's 62 Motion to Strike Defendants' Declarations. Court grants Dfts Gonzales and Delgado's Motion for Summary Judgment as to all claims against them pursuant to FRCP 56. Because there are no remaining claims against these Dfts, and there is no reason for delay, Clerk is directed to enter a final judgment as to Dfts Gonzales and Delgado. Court grants Dft Aguilar's Motion for Summary Judgment as to all claims prior to 2007 as barred by applicable statute limitations pursuant to FRCP 56 and denies Dft Aguilar's Motion for Summary Judgment as to Pla's remaining claims pursuant to FRCP 56. Signed by Judge Irma E. Gonzalez on 4/2/2012. (All non-registered users served via U.S. Mail Service) (jah)
March 3, 2011 26 Opinion or Order of the Court ORDER granting in part and denying in part Defendants' Motion for More Definite Statement and 20 Motion to Dismiss. Court denies Dfts' Motion for More Definite Statement, grants Dfts' Motion to Dismiss on 11th Amendment grounds only to extent Pla seeks damages against them in their official capacities, and denies Dfts' Motion to Dismiss Pla's 1st Amendment retaliation claims pursuant FRCP 12(b)(6). Dfts Aguilar, Delgado and Gonzales shall file their Answer to the retal iation claims that remain in Pla's Third Amended Complaint w/in 14 days of the date this Order is filed pursuant to FRCP 12(a)(4)(A). Signed by Judge Irma E. Gonzalez on 3/3/2011. (All non-registered users served via U.S. Mail Service)(jah). Modified on 3/3/2011 - Edited text (jah).
October 15, 2010 13 Opinion or Order of the Court ORDER Dismissing Claims re 12 Third Amended Complaint and Directing USMS to Effect Service. Claims against Defendants M E Bourland, Matthew Cate, DOES, D Edwards, M Granis, George Guirbino, J G Janda, J Jimenez, Jr, L S McEwen, A Miller, D Nunez, T im Ochoa, Palomera, Stuart J Ryan, Sabala, Larry E Scribner, Larry E Small, S Anderson and T Borem are dismissed for failing to state a claim upon which relief may be granted pursuant to 28 USC 1915(e)(2)(B). Clerk directed to enter final judgment, w ithout prejudice, as to dismissed Defendants. Clerk shall issue summons as to Pla's Third Amended Complaint for Defendants Delgado, Gonzales, and Aguilar and to provide copy of Court's 3/19/2010 Order Granting Leave to Proceed IFP for purpo se of serving each Dft. US Marshal directed to serve copy of Third Amended and summons upon each Defendant. Dfts are ordered to reply to Pla's Third Amended Complaint w/in time provided by FRCP 12(a). Signed by Judge Irma E. Gonzalez on 10/14/2010. (cc: Matthew Cate). (IFP Package prepared and mailed) (All non-registered users served via U.S. Mail Service)(jah). Modified on 10/18/2010 - Regenerated NEF to send to M. Cate (jah). (jrl).
July 27, 2010 10 Opinion or Order of the Court ORDER denying w/o prejudice Plaintiff's 9 Motion to Appoint Counsel. Plaintiff's Second Amended Complaint is dismissed w/o prejudice for failing to state a claim upon which relief may be granted pursuant to 28 USC 1915(e)(2)(B) and 1915A( b). Plaintiff is granted 45 days leave from the date this Order is filed to file a Third Amended Complaint. Signed by Judge Irma E. Gonzalez on 7/27/2010. Case is closed. (Blank Third Amended Complaint form t/w copy of this Order mailed to Plaintiff) (All non-registered users served via U.S. Mail Service)(jah)
June 4, 2010 7 Opinion or Order of the Court ORDER DISMISSING CASE. Plaintiff's First Amended Complaint is dismissed w/o prejudice for failing to state a claim upon which relief may be granted pursuant to 28 USC 1915(e)(2)(B) and 1915A(b). Plaintiff is granted 45 days leave from the date t his Order is filed to file a Second Amended Complaint. Signed by Judge Irma E. Gonzalez on 6/4/2010. (Blank 1983 Amended Complaint form w/ filing instructions t/w a copy of this Order mailed to Pla) (All non-registered users served via U.S. Mail Service)(jah)
March 19, 2010 3 Opinion or Order of the Court ORDER granting Pla's 2 Motion for Leave to Proceed in Forma Pauperis. Secy of CDCR shall collect from Pla's prison trust acct the $350 blanace of the filing fee by collecting monthly payment from the acct in an amt equal to 20% of the preceding month's income and forward payments to the Clerk of Court each time amt in the acct exceeds $10. Pla's Complaint is dismissed w/o prejudice. Pla is granted 45 days leave to file a First Amended Complaint. Dfts not nam ed and all claims not re-alleged in the Amended Complaint will be deemed to have been waived, If Pla's Amended Complaint fails to state a claim upon which relief can be granted, it may be dismissed w/o further leave and may be counted as a "strike" under 28 USC 1915(g). Signed by Judge Irma E. Gonzalez on 3/19/2010. (Order electronically transmitted to Matthew Cate, Secretary CDCR) (All non-registered users served via U.S. Mail Service)(jah)

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Plaintiff: Joseph Howard Sherman
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Defendant: Larry Small
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Defendant: Tim Ochoa
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Defendant: A Miller
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Defendant: J Jimenez, Jr
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Defendant: E Delgado
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Defendant: S Anderson
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Defendant: D Edwards
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Defendant: Matthew Cate
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