Thornton v. Cate et al

Plaintiff: William Cecil Thornton
Defendant: Matthew Cate, Ricard Hernandez, George Neotti, Picatoste, John Doe #1 and John Doe # 2
Case Number: 3:2010cv01585
Filed: July 28, 2010
Court: California Southern District Court
Office: San Diego Office
County: Kern
Referring Judge: Peter C. Lewis
Presiding Judge: Janis L. Sammartino
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
June 28, 2011 30 Opinion or Order of the Court ORDER Sua Sponte DISMISSING Second Amended Complaint for Failing to State a Claim: Plaintiff's Second Amended Complaint is DISMISSED with prejudice for failing to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e )(2)(b) and § 1915A(b). IT IS FURTHER CERTIFIED that an IFP appeal from this final order of dismissal would not appear to be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). The Clerk shall close the file.Signed by Judge Janis L. Sammartino on 6/28/11.(All non-registered users served via U.S. Mail Service)(lmt)
February 23, 2011 22 Opinion or Order of the Court ORDER Sua Sponte DISMISSING First Amended Complaint for Failing to State a Claim: Defendants Cate, Hernandez and Neotti are dismissed from this action. Plaintiff's First Amended Complaint is dismissed without prejudice for failing to state a cl aim upon which relief may be granted. Plaintiff is granted 45 days leave from the date this Order is filed in which to file a Second Amended Complaint which cures all the deficiencies of pleading noted. The Clerk of Court is directed to mail a court approved form § 1983 complaint to Plaintiff. Signed by Judge Janis L. Sammartino on 2/23/11.(All non-registered users served via U.S. Mail Service; 1983 form sent)(lmt)
September 16, 2010 7 Opinion or Order of the Court ORDER: (1) granting 2 Motion for Leave to Proceed in forma pauperis. (Order electronically transmitted to Matthew Cate, Secretary CDCR) ; (2) denying 5 Motion to Appoint Counsel and (3) sua sponte dismissing complaint for failing to state a clai m: Plaintiff's Motion to proceed IFP pursuant to 28 U.S.C. § 1915(a) is granted; and his Motion for Appointment of Counsel is denied. The Secretary of the California Department of Corrections and Rehabilitation, or his designee, is ordered to collect from Plaintiff's prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month's income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 U.S.C. § 1915(b)(2). The Clerk of the Court is directed to serve a copy of this Order on Matthew Cate, Secretary, California Department of Corrections and Rehabilitation. Plaintiff's Complaint is dismissed without prejudice for failing to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b). However, Plaintiff is granted 45 days leave from the date this Order is filed in which to file a First Amended Complaint which cures all the deficiencies. The Clerk of Court is directed to mail a court approved form § 1983 complaint to Plaintiff. Signed by Judge Janis L. Sammartino on 9/16/10. (All non-registered users served via U.S. Mail Service; 1983 form sent to Plaintiff; order served on Matthew Cate)(lmt)

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Plaintiff: William Cecil Thornton
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Defendant: Matthew Cate
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Defendant: Ricard Hernandez
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Defendant: George Neotti
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Defendant: Picatoste
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Defendant: John Doe #1
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Defendant: John Doe # 2
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