Ramirez v. Gerarbino et al
| Gustavo Ramirez |
| George Gerarbino, Larry Smalls, J Ochoa, E Silva, M Tamayo, E Duarte, John Zinna, James Moreno and CDCR |
| 3:2010cv01292 |
| June 14, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| Imperial |
| Anthony J. Battaglia |
| William Q. Hayes |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
47
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)
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Filing
33
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)
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Filing
18
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)
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Filing
5
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)
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Filing
3
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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