Eusse, Jr. v. Vitela et al
Plaintiff: James Eusse, Jr.
Defendant: Marco Vitela, Evaristo Duarte, Martin Carpio and Roger N. Nelson, Jr.
Case Number: 3:2013cv00916
Filed: April 16, 2013
Court: US District Court for the Southern District of California
Office: San Diego Office
County: Imperial
Presiding Judge: Roger T. Benitez
Presiding Judge: Nita L. Stormes
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 7, 2016 Opinion or Order Filing 97 ORDER: (1) Denying 92 Motion for Reconsideration; and (2) Denying as Moot 94 Motion for Extension of Time to File. Signed by Magistrate Judge Nita L. Stormes on 4/7/2016. (All non-registered users served via U.S. Mail Service)(knb)
February 4, 2016 Opinion or Order Filing 72 ORDER Denying 63 Motion to Compel Further Responses to Interrogatories. Signed by Magistrate Judge Nita L. Stormes on 2/4/2016. (All non-registered users served via U.S. Mail Service)(knb)
December 14, 2015 Opinion or Order Filing 65 ORDER Granting in Part and Denying in Part Plaintiff's 57 Motion to Compel Discovery. Signed by Magistrate Judge Nita L. Stormes on 12/14/2015. (All non-registered users served via U.S. Mail Service)(knb)
August 4, 2015 Opinion or Order Filing 54 ORDER Denying Plaintiff's 46 Motion to Compel. Plaintiff's Motion to Compel is denied with prejudice with respect to his first set of Requests for Production, and is denied without prejudice with respect to his second set of Requests for Production. Signed by Magistrate Judge Nita L. Stormes on 8/4/2015. (All non-registered users served via U.S. Mail Service)(knb)
July 16, 2015 Opinion or Order Filing 53 ORDER Denying 52 Motion to Appoint Counsel without Prejudice. Signed by Magistrate Judge Nita L. Stormes on 7/16/2015. (All non-registered users served via U.S. Mail Service)(knb)
March 9, 2015 Opinion or Order Filing 41 ORDER ADOPTING 34 REPORT AND RECOMMENDATION ; Overruling Objections; granting 26 Motion to Dismiss Portions of the Second Amended Complaint. Signed by Judge Roger T. Benitez on 3/9/2015.(All non-registered users served via U.S. Mail Service)(sjt)
February 12, 2015 Opinion or Order Filing 40 ORDER Denying without Prejudice Plaintiff's 39 Motion to Appoint Counsel. Signed by Magistrate Judge Nita L. Stormes on 2/12/2015. (All non-registered users served via U.S. Mail Service)(knb)
June 26, 2014 Opinion or Order Filing 24 ORDER Adopting Report and Recommendation ( 18 , 21 , 23 ). Plaintiff's motion for leave to file a second amended complaint is granted, and Defendants' motion to dismiss is denied as moot. Plaintiff shall file his second amended complaint on or before July 25, 2014. Signed by Judge Roger T. Benitez on 6/25/2014. (All non-registered users served via U.S. Mail Service)(knb)
November 1, 2013 Opinion or Order Filing 9 ORDER: Denying without Prejudice 8 Motion to Appoint Counsel; and (2) Directing U.S. Marshal to Effect Service of First Amended Complaint. Signed by Judge Roger T. Benitez on 11/1/2013. (All non-registered users served via U.S. Mail Service)(knb)
July 17, 2013 Opinion or Order Filing 6 ORDER: (1) Granting 5 Motion to Proceed in Forma Pauperis; and (2) Sua Sponte Dismissing Complaint for Failing to State a Claim. The Secretary of California Department of Corrections and Rehabilitation, or his designee, shall collect from Plaintiff 's prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the account in an amount equal to twenty percent (20%) of the preceding month's income and forward payments to the Cl erk of the Court each time the amount in the account exceeds $10. Plaintiff is granted forty-five (45) days leave from the date this Order is "Filed" in which to file a First Amended Complaint. Signed by Judge Roger T. Benitez on 7/16/2013.(Sent § 1983 form to Plaintiff)(cc: Jeffrey Beard)(All non-registered users served via U.S. Mail Service)(knb)
April 23, 2013 Opinion or Order Filing 4 ORDER Denying 2 Motion to Proceed in Forma Pauperis and Dismissing Case without Prejudice. Plaintiff is granted an additional forty-five (45) days from the date of this Order to either: (1) pay the entire $350 filing fee, or (2) file a new Motion to Proceed IFP. Signed by Judge Roger T. Benitez on 4/23/2013.(Sent IFP form to Plaintiff)(All non-registered users served via U.S. Mail Service)(knb)
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Plaintiff: James Eusse, Jr.
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Defendant: Marco Vitela
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Defendant: Evaristo Duarte
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Defendant: Martin Carpio
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Defendant: Roger N. Nelson, Jr.
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