Miller v. Lamontagne et al

Plaintiff: Justin Thomas Miller
Defendant: John Lamontagne, Richard O Butcher, Jose E Otero and David G Smith
Case Number: 3:2010cv00702
Filed: April 1, 2010
Court: California Southern District Court
Office: San Diego Office
Presiding Judge: William Q. Hayes
Referring Judge: Louisa S Porter
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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

Date Filed#Document Text
May 11, 2012 70 Opinion or Order of the Court ORDER Denying Without Prejudice Plaintiff's Motion To Appoint Counsel (Re Doc. 66 ). Signed by Magistrate Judge Bernard G. Skomal on 5/11/2012. (All non-registered users served via U.S. Mail Service.) (mdc)
March 2, 2012 62 Opinion or Order of the Court ORDER: The (Doc. 61 ) Report and Recommendation is adopted as follows: the (Doc. 48 ) motion to dismiss filed by Defendant Richard Butcher and the (Doc. 51 ) motion to dismiss filed by Defendant Jose Otero are granted. The (Doc. 50 ) motion to di smiss filed by Defendants John Lamontagne and David Smith is granted in part and denied in part. The claims against Defendant John Lamontagne are not dismissed, and the case shall proceed against Defendant John Lamontagne. Any request to amend the Complaint must be made by motion to the Court pursuant to S.D.Civ.L.R. 15.1. Signed by Judge William Q. Hayes on 3/1/2012. (All non-registered users served via U.S. Mail Service.) (mdc)
April 11, 2011 49 Opinion or Order of the Court ORDER: LaMontagne and Smith's 47 Motion to Strike Plaintiff's First Amended Complaint is denied. The 30 35 Motions to Dismiss the original Complaint are denied as moot. The 48 Motion to Dismiss the First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) remains pending. Signed by Judge William Q. Hayes on 4/11/11. (All non-registered users served via U.S. Mail Service)(lmt) (jcj).
March 4, 2011 45 Opinion or Order of the Court ORDER adopting re 42 Report and Recommendations. The Motion to Dismiss 18 filed by Defendant Richard O. Butcher is granted, and the Complaint is dismissed as to Butcher without prejudice and with leave to amend. The Motion to Strike 19 is denied without prejudice. Signed by Judge William Q. Hayes on 3/4/2011. (All non-registered users served via U.S. Mail Service)(amh)
August 2, 2010 21 Opinion or Order of the Court ORDER (1) Denying Plaintiff's Motion To Appoint Counsel (Doc. 17 ) And (2) Extending Time For Service By 60 Days: Plaintiff shall have an additional 60 days from the date of this order to attempt to successfully serve Defendants Lamontagne and Smith. Signed by Magistrate Judge Bernard G. Skomal on 8/2/2010. (All non-registered users served via U.S. Mail Service.) (mdc) Modified on 8/3/2010 to add Doc. # 17 link to text. (mdc)
May 10, 2010 7 Opinion or Order of the Court ORDER granting 2 Plaintiff's Motion for Leave to Proceed in forma pauperis and denying 3 Plaintiff's Motion to Appoint Counsel pursuant to 28 U.S.C. § 1915(e)(1). Signed by Judge William Q. Hayes on 5/10/2010; copy of this Order mailed to Matthew Cate; IFP package mailed 5/11/2010 (All non-registered users served via U.S. Mail Service)(tkl)

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Plaintiff: Justin Thomas Miller
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Defendant: John Lamontagne
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Defendant: Richard O Butcher
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Defendant: Jose E Otero
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Defendant: David G Smith
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