Asberry v. Cate et al
| Tony Asberry |
| Denbella, Silva, Walker, D. Paramo, Matthew Cate, Chow, Newton and John Doe |
| 3:2013cv02573 |
| October 23, 2013 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Ruben B. Brooks |
| William Q. Hayes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
39
ORDER: The Motion for Preliminary Injunction (Doc. 38 ) is denied. Signed by Judge William Q. Hayes on 12/22/2014. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
35
ORDER DISMISSING CIVIL ACTION For Failing To State A Claim And For Failing To Comply With Court Order Requiring Amendment: Because Plaintiff has failed to comply with the Court's 8/12/2014 Order directing him to file a Third Amended Complaint wi thin 45 days, it hereby dismisses this civil action without prejudice for failing to state a claim pursuant to 28 U.S.C. Sections 1915(e)(2)(B)(ii) and 1915A(b)(1) and for failing to comply with a Court Order. The Clerk is directed to enter a judgment of dismissal without prejudice and close the case. Signed by Judge William Q. Hayes on 10/28/2014. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
34
ORDER 1) Dismissing Second Amended Complaint For Failing To State A Claim (Doc. 31 ) And 2) Denying Plaintiff's Motions For Physical Library Use And Preliminary Injunctive Relief (Docs. 26 , 29 ): The Clerk is directed to terminate this actio n as to Defendants Cate, Paramo, Denbella, Beard, Walker, Silva, Chow, and Newton, as well as to all John and Jane Doe Defendants. Plaintiff is granted forty five (45) days leave from the date this Order is filed in which to file a Third Amended Comp laint which re-alleges his access to courts claims against Defendants Benyard, Allemby, Rutledge, Hernandez, Toledo, Godinez, Morales, and Taylor only, which adds no new claims or defendants, and which cures the deficiencies of pleading identified in this Order. Signed by Judge William Q. Hayes on 8/12/2014. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
15
ORDER: (1) Re-Opening Civil Action, (2) Granting Plaintiff's Motion To Proceed In Forma Pauperis (Re Doc. 10 ), And (3) Sua Sponte Dismissing Complaint Without Prejudice For Failing To State A Claim Pursuant To 28 U.S.C. Section 1915(e)(2) And 1915A(b): The Secretary CDCR, or his designee, shall collect from Plaintiff's prison trust account the $350 filing fee owed in this case by collecting monthly payments from the account in an amount equal to 20% of the preceding month&# 039;s income and forward payments 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 forty five (45) days leave in which to file a First Amended Complaint which cu res all the deficiencies of pleading. Should Plaintiff fail to file an Amended Complaint within the time provided, the Court shall enter a final order dismissing this civil action without prejudice based on Plaintiff's failure to state a claim u pon which re1ief can be granted pursuant to 28 U.S.C. Section 1915(e)(2) and Section 1915A(b). Signed by Judge William Q. Hayes on 4/17/2014. (All non-registered users served via U.S. Mail Service; Order electronically transmitted to Secretary of CDC R; per Order, a copy also was mailed to Secretary of CDCR.) (mdc) Modified on 4/22/2014 - Notified appeals clerk re this filing. (mdc) Modified on 4/22/2014 to note that the Order has been electronically transmitted to the US Court of Appeals via regenerated NEF. The USCA Case Number is 14-55476. (akr).
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Filing
7
ORDER:(1) Denying 2 Motion for Leave to Proceed In Forma Pauperis Pursuant to 28 USC 1915(a); (2) Denying 3 Motion Injunctive Relief Pursuant to Fed.R.Civ.P.65; and (3) DISMISSING Civil Action Without Prejudice For Failing to Pay Filing Fee R equired by 28 USC §1914(a). Plaintiff is Granted forty-five (45) days to pay the entire $400 filing and administrative fee in full, or complete and file a new Motion to Proceed IFP, which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint. Plaintiff provided new IFP Form. Signed by Judge William Q. Hayes on 1/2/2014. (All non-registered users served via U.S. Mail Service)(srm)
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