Miller v. McEwen et al
| Gerald Lee Miller |
| L.S. McEwen, G. J. Janda, Liz Arrigar, Richard Kornbluth, Paramo, H. Amezcua, S. Hardman, M. Alvarez, T. Alvarez, M. S. Domingues, C. Villalobos, A. Castro and J. Flores |
| 3:2011cv02333 |
| October 7, 2011 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| William V. Gallo |
| Janis L. Sammartino |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
52
ORDER (1) Adopting in Part 45 Report and Recommendation; (2) Granting in Part and Denying in Part 40 Motion to Dismiss. The Court adopts in part the R&R, grants in part Defendants' motion to dismiss, and dismisses with prejudice: (1) Pla intiff's substantive due process claims against Paramo, Castro, Lizzarraga, Kornbluth, and Zamora; and, (2) Plaintiff's procedural due process claims against McEwen and Janda for denial and failure to hear his appeals. The Court also dismi sses without prejudice: (1) Plaintiff's First Amendment retaliation claims against Amezcua, Castro, Dominguez, Villalobos, Zamora, Hardman, Flores, Vitella, Alvarez, McEwen, and Janda;(2) Plaintiff's access to the courts claim against T. Alvarez and Villalobos; (3) Plaintiff's procedural due process claims against Alvarez, Amezcua, and Dominguez arising from deprivation of Plaintiff's property; (4) Plaintiff's due process claim against Hardman; (5) Plaintiff's Eighth Amendment failure to supervise claims against McEwen and Janda; and, (6) Plaintiff's Eighth and Fourteenth Amendment claims against McEwen and Janda arising from their work on the classification committee. Finally, the Court denies in part Defendants' motion to dismiss and declines to dismiss Plaintiff's Eighth Amendment failure to intervene claims against McEwen and Janda. If he wishes, Plaintiff shall file a third amended complaint addressing the deficiencies note d by the Court within 45 days of the date that this Order is electronically docketed. The Court cautions Plaintiff that failure to cure the deficiencies identified may result in dismissal with prejudice. Signed by Judge Janis L. Sammartino on 8/26/2013. (All non-registered users served via U.S. Mail Service)(jao)
|
|
Filing
5
ORDER: (1) granting 2 Motion for Leave to Proceed in forma pauperis; (2) denying 4 Motion for Court to Intervene on Plaintiff's Behalf; and (3) dismissing complaint for failing to state a claim. The Secretary CDCR, or his designee, is order ed to collect from 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 income credited to the account and forward p ayments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). 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 of pleading. The Clerk of Court is directed to mail a form § 1983 complaint to Plaintiff. (Order electronically transmitted to Matthew Cate, Secretary CDCR). Signed by Judge Janis L. Sammartino on 11/22/11. (All non-registered users served via U.S. Mail Service)(form sent)(lmt)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
