Ramirez v. Gerarbino et al

Plaintiff: Gustavo Ramirez
Defendant: George Gerarbino, Larry Smalls, J Ochoa, E Silva, M Tamayo, E Duarte, John Zinna, James Moreno and CDCR
Case Number: 3:2010cv01292
Filed: June 14, 2010
Court: California Southern District Court
Office: San Diego Office
County: Imperial
Referring Judge: Anthony J. Battaglia
Presiding Judge: William Q. Hayes
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
January 17, 2013 47 Opinion or Order of the Court ORDER. It is hereby ordered that the Report and Recommendation (ECF No. 45 ) is adopted in its entirety and the Motion for Summary Judgment (ECF No. 41 ) is granted. Signed by Judge William Q. Hayes on 1/17/2013.(All non-registered users served via U.S. Mail Service)(aef)
July 7, 2011 33 Opinion or Order of the Court ORDER: The (Doc. 29 ) Report and Recommendation is adopted in its entirety. The (Doc. 20 ) Motion to Dismiss is granted in part and denied in part. The Motion to Dismiss is granted as to each of Plaintiff's First Amendment claims, each of Plai ntiff's Eighth Amendment claims, and Plaintiff's Due Process claim against Defendant Giurbino; each of those claims is dismissed without prejudice. Otherwise, the Motion to Dismiss is denied. No later than 45 days from the date of this Orde r, Plaintiff may file a third amended complaint. If Plaintiff does not file a third amended complaint within 45 days, this case shall proceed as to the claims in the Second Amended Complaint which remain after this Order. Signed by Judge William Q. Hayes on 7/7/2011. (All non-registered users served via U.S. Mail Service.) (mdc)
December 16, 2010 18 Opinion or Order of the Court ORDER: The (Doc. 16 ) Motion for Leave to Amend the First Amended Complaint is granted. The Clerk of the Court shall file the proposed Second Amended Complaint attached to the Motion for Leave to Amend (Doc. 16 -1) as a separate docket entry, and t he Second Amended Complaint will be the operative pleading in this action. The (Doc. 15 ) Motion to Dismiss First Amended Complaint is denied as moot. Signed by Judge William Q. Hayes on 12/16/2010. (All non-registered users served via U.S. Mail Service.) (mdc)
August 23, 2010 5 Opinion or Order of the Court ORDER: (1) Dismissing Defendant J. Ochoa; and (2) Directing U.S. Marshal to effect service of Amended Complaint pursuant to Fed.R.Civ.P.4(c)(3) and 28 U.S.C. 1915(d). Signed by Judge William Q. Hayes on 8/23/10.(All non-registered users served via U.S. Mail Service)(pro per package mailed)(lao)
July 7, 2010 3 Opinion or Order of the Court ORDER (1) Granting (Doc. 2 ) Motion To Proceed In Forma Pauperis, Imposing No Initial Partial Filing Fee And Garnishing $350.00 Balance From Inmate's Trust Account; And (2) Dismissing Action Without Prejudice For Failing To State A Claim P ursuant To 28 U.S.C. Sections 1915(e)(2)(b) and 1915A(b): Plaintiff is granted 45 days leave from the date this Order is "Filed" in which to file a First Amended Complaint. Signed by Judge William Q. Hayes on 7/7/2010. (All non-registered users served via U.S. Mail Service; per Order, a blank amended 1983 complaint form also was mailed to Plaintiff; Order electronically transmitted to Matthew Cate, Secretary CDCR.) (mdc)

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Search for this case: Ramirez v. Gerarbino et al
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Plaintiff: Gustavo Ramirez
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Defendant: George Gerarbino
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Defendant: Larry Smalls
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Defendant: J Ochoa
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Defendant: E Silva
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Defendant: M Tamayo
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Defendant: E Duarte
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Defendant: John Zinna
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Defendant: James Moreno
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Defendant: CDCR
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