Garcia et al v. Smith et al
| Ruben Dario Garcia, Jr and Lenin Garcia |
| Smith, Chance, Moore, Stewart, Brown, Vasquez, S Wall, Elias, Savala, Merchant, Suglich, E A Contreras, Strickland, Cluck, DOES and Cortez |
| 3:2010cv01187 |
| June 1, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Roger T. Benitez |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
250
ORDER denying Plaintiff's 248 Motion to Appoint Counsel. Court finds the issues are not complex, Plaintiff has proven his ability to articulate his claims pro se, and there is not a likelihood of success on the merits. Signed by Judge Cynthia Bashant on 3/7/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
155
ORDER denying Plaintiff's 153 Motion for TRO and Preliminary Injunction. Signed by Judge Anthony J. Battaglia on 4/17/14. (All non-registered users served via U.S. Mail Service)(cge)
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Filing
139
ORDER: (1) Denying Defendants' 128 Motion for Entry of Judgment; and (2) Denying Plaintiff's 120 Motion for Appointment of Counsel. Signed by Judge Anthony J. Battaglia on 1/16/14. (All non-registered users served via U.S. Mail Service) (cge)(Modified text to indicate mail service on 1/17/2014, NEF regenerated)(cge)(jrd)
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Filing
90
ORDER Denying Plaintiff's 82 Motion for Appointment of Counsel. Signed by Magistrate Judge Ruben B. Brooks on 6/27/12. (All non-registered users served via U.S. Mail Service)(cge)(jrd)
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Filing
72
ORDER ADOPTING REPORT AND RECOMMENDATION 64 ; denying 59 Motion to Amend Civil Complaint; and granting in part and denying in part Defendants' 50 Motion to Dismiss. Signed by Judge Anthony J. Battaglia on 3/14/12.(All non-registered users served via U.S. Mail Service)(cge)
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Filing
29
ORDER denying Plaintiff's Motion to Vacate Order Pursuant to Fed.R.Civ.P. 60 re 20 , 28 . Signed by Judge Anthony J. Battaglia on 03/21/11. (All non-registered users served via U.S. Mail Service)(lao)(jrd).
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Filing
17
ORDER: (1) Dismissing Claims from Second Amended Complaint for failing to State a Claim Without leave to Amend; and (2) Directing U.S. Marshal to Effect Service of Second Amended Complaint. Signed by Judge Roger T. Benitez on 2/3/2011.(All non-registered users served via U.S. Mail Service)(knh)
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Filing
15
ORDER DISMISSING First Amended Complaint without Prejudice for Failure to State a Claim. Plaintiff is granted forty five (45) days leave to file a Second Amended Complaint. Signed by Judge Roger T. Benitez on 11/5/2010.(Sent 1983 complaint form to Plaintiff)(All non-registered users served via U.S. Mail Service)(knh)
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Filing
12
ORDER: (1) Denying Lenin Garcia's Motion to File a Joint Extended Complaint (Doc. No. 10 ); and (2) Denying Lenin Garcia's Motion for Leave to Proceed In Forma Pauperis as moot (Doc. No. 8 ). Signed by Judge Roger T. Benitez on 10/19/2010.(All non-registered users served via U.S. Mail Service)(knh)
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Filing
11
ORDER Denying 4 Motion for Temporary Restraining Order and for Preliminary Injunction. Signed by Judge Roger T. Benitez on 10/14/2010. (All non-registered users served via U.S. Mail Service)(knh)
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Filing
5
ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS, DISMISSING PLAINTIFF LENIN GARCIA, AND DISMISSING COMPLAINT. IT IS HEREBY ORDERED that: Plaintiff Lenin Garcia is DISMISSED from this Action. Plaintiff Ruben Garcia's Motion t o proceed IFP is GRANTED. IT IS FURTHER ORDERED that: Plaintiff's Complaint is DISMISSED without prejudice pursuant to 28USC1915(e)(2)(b) and 1915A(b). However, Plaintiff is GRANTED forty five (45) days leave from the date this Order is "Fi led" in which to file a First Amended Complaint. (Order electronically transmitted to Matthew Cate, Secretary CDCR). Signed by Judge Roger T. Benitez on 8/8/10. (All non-registered users served via U.S. Mail Service; mailed Plaintiff a form 1983 complaint; mailed a hard copy of order to Matthew Cate )(jer)
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