Villa v. Cate et al
Robert Villa |
DOES 1-10, S. Sandoval, J. Burgos, Steven Epperson, James Moreno, R. Tovar, Domingo Uribe, Jr., D. Paramo, D.J. DeGues and James S. Hill |
3:2011cv02426 |
October 17, 2011 |
US District Court for the Southern District of California |
San Diego Office |
XX US, Outside State |
Jan M. Adler |
Irma E. Gonzalez |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Available Case Documents
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Filing 59 ORDER Granting In Part and Denying In Part 54 Plaintiff's Ex Parte Application: Denying Motion to Appoint Expert; Granting Motion for Extension of Time to File. The deadline for Plaintiff to serve a list of experts he expects to call at trial is continued to March 22, 2013. Signed by Magistrate Judge Jan M. Adler on 3/13/2013. (All non-registered users served via U.S. Mail Service)(srm) |
Filing 36 ORDER Granting In Part and Denying In Part Defendants' 32 Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP 12(b)(6). Court grants Dfts' motion to dismiss Pla's claims for money damages against them in thei r official capacities with prejudice, denies Dfts' motion to dismiss Pla's 14th Amendment due process claims pursuant to FRCP 12(b)(6), and grants Dfts' Degues, Epperson, and Moreno's motion to dismiss Pla's retaliation claim s against them pursuant to FRCP 12(b)(6). Clerk directed to terminate these Dfts from the docket. Dfts Paramo, Hill, Burgos, Tovar, Uribe and Sandoval shall serve and file an Answer to Pla's First Amended Complaint w/in time prescribed by FRCP 12(a)(4)(B). Signed by Judge Irma E. Gonzalez on 8/10/2012. (All non-registered users served vis U.S. Mail Service)(jah)(jrd) |
Filing 12 ORDER DISMISSING CASE. Pla's Complaint is dismissed w/o prejudice for failing to state a claim upon which relief may be granted pursuant to 28 USC 1915(e)(2)(B) and 1915A(b). Pla is granted 45 days leave from the date this Order is filed to file a First Amended Amended Complaint. Dfts not name and all claims not re-alleged in the Amended Complaint will be considered waived. Pla is cautioned that should he elect not to amend, or if Amended Complaint still fails to state a claim upon which re lief may be granted, dismissal of this action may be counted as a "strike" against him pursuant to 28 USC 1915(g). Signed by Judge Irma E. Gonzalez on 12/1/2011. (Blank First Amended Complaint Form t/w copy of this Order mailed to Plaintiff) (All non-registered users served via U.S. Mail Service) (jah) |
Filing 9 SCREENING ORDER Dismissing Claims Against Defendants Steadman and Gonzales for Failure to State a Claim; ORDER, CASE TRANSFERRED to Southern District of California signed by Magistrate Judge Sheila K. Oberto on 10/17/2011. (Flores, E)[Transferred from California Eastern on 10/18/2011.] |
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