Israel v. Nuno et al
| Garcia Israel |
| Antonio Nuno, W. L. Montgomery, John Doe, Jane Doe Elmore, Nidia Silva and Kimberly Manuel |
| 3:2014cv00243 |
| January 31, 2014 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Roger T. Benitez |
| Bernard G. Skomal |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
62
ORDER REFERRING CASE TO PRO BONO PANEL FOR APPOINTMENT OF COUNSEL. Court will hold a competency hearing to determine whether Plaintiff is competent to proceed with this case. Court will first endeavor to appoint counsel for Plaintiff for the competen cy hearing by referring case to the district's pro bono panel. If Court is unable to appoint counsel for Plaintiff for the competency hearing, Court will issue an order setting the hearing and providing further guidance to Plaintiff. Because of Plaintiff's potential incompetency, Court stays 58 MOTION for Summary Judgment filed by Defendant Kornbluth. Signed by Judge Cynthia Bashant on 2/2/2017. (cc: Pro Bono Administrator) (All non-registered users served via U.S. Mail Service) (jah). Modified on 2/3/2017 - Edited text. (jah).
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Filing
46
ORDER denying without prejudice Plaintiff's 45 Ex Parte Motion for Appointment of Counsel. Signed by Magistrate Judge Bernard G. Skomal on 7/8/2016. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
38
ORDER granting in part and denying in part Defendants' 31 Motion to Dismiss Plaintiff's First Amended Complaint. Court sustains Dfts' 37 Objections, approves and adopts in part 35 Report and Recommendation. Dft's Motion to Dismiss is granted except for the Eighth Amendment deliberate indifference claim against Dr. Kornbluth. The following claims are dismissed with prejudice and without leave to amend: 1) Eighth Amendment indifference claims against Officer Elmore; 2) Fourteenth Amendment due process claims against Officer Elmore, Officer Nuno, RN Manuel, RN Silva and Lt. Beltran; and 3) First Amendment retaliation violations against Officer Nuno, RN Manuel, and Dr. Kornbluth. The claim for injunctive relief is d ismissed as moot. Pla is given leave to amend the following claims: 1) Eighth Amendment excessive force claim against Officer Nuno; 2) Eighth Amendment deliberate indifference claims against RN Manuel and RN Silva; 3) Eighth Amendment deliberate ind ifference violations against Dr. Ball; 4) Eighth Amendment deliberate indifference violations against Warden Montgomery; and 5) First Amendment retaliation violation against RN Silva. If Pla chooses to amend his Complaint, he must file a Second Amended Complaint by 4/29/2016. Except as laid out above, no new claims or parties may be added to the Second Amended Complaint. Signed by Judge Cynthia Bashant on 3/29/2016. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
10
ORDER: (1) granting Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting mo nthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1 915(b)(2). (Order electronically transmitted to Secretary of CDCR) ; and (2) granting Plaintiff's 4 Motion to Amend Complaint. Amended Complaint due 8/4/2014. Signed by Judge Cynthia Bashant on 7/7/14. (All non-registered users served via U.S. Mail Service)(cge)
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