Davis v. Powell et al
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|Date Filed||#||Document Text|
|October 4, 2012
ORDER (1) ADOPTING 35 REPORT AND RECOMMENDATION; and (2) granting in part and denying in part Defendants' 30 Motion to Dismiss. Signed by Judge Cathy Ann Bencivengo on 10/04/12.(All non-registered users served via U.S. Mail Service)(cge)
|September 15, 2011
ORDER (1) ADOPTING 24 REPORT AND RECOMMENDATION and (2) granting 17 Defendant's Motion to Dismiss Complaint: Plaintiff's claims against Defendants Sutton, Butler, Builteman, Janda, and Foston in counts one and two are DISMISSED WITH PRE JUDICE; Plaintiff's claim against Defendant Small as to count two is DISMISSED WITHOUT PREJUDICE; Plaintiff's Religious Land Use and Institutionalized Persons Act of 2000 claims against Defendants Powell, Borem, and Ours are DISMISSED WITHO UT PREJUDICE; Plaintiff's RLUIPA claims against Defendants Small, Powell, Borem, and Ours, in their individual capacities, are DISMISSED WITHOUT PREJUDICE; and Plaintiff's RLUIPA claims for monetary damages against all Defendants in their o fficial and individual capacities are DISMISSED WITH PREJUDICE. Plaintiff's request to amend his First Amendment claims against the Defendants in counts one and two is GRANTED. Signed by Judge Janis L. Sammartino on 9/15/11.(All non-registered users served via U.S. Mail Service)(lmt)
|October 13, 2010
ORDER (1) granting 2 Motion for Leave to Proceed in forma pauperis, imposing no initial partial filing fee, garnishing $350.00 balance from prisoner's trust account (2) denying 3 Motion to Appoint Counsel and (3) Directing U.S. Marshal to Effect Service of Complaint: The Clerk of the Court is directed to serve a copy of this Order on Matthew Cate. The Secretary of California Department of Corrections and Rehabilitation, or his designee, shall collect from Plaintiff's prison tr ust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the account in an amount equal to 20% of the preceding month's income and forward payments to the Clerk of the Court each time the amo unt in the account exceeds $10 in accordance with 28 U.S.C. § 1915(b)(2). The Clerk shall issue IFP Package. The U.S. Marshal shall serve a copy of the Complaint and summons upon Defendants as directed by Plaintiff on the USM Form 285s. Def endants are thereafter ordered to reply to Plaintiff's Complaint within the time provided by the applicable provisions of Federal Rule of Civil Procedure 12(a). Signed by Judge Janis L. Sammartino on 10/13/10. (Order electronically transmitted to Matthew Cate, Secretary CDCR) (All non-registered users served via U.S. Mail Service; IFP package sent; cc USM)(lmt)
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