Rivera-Vazquez v. Unknown United States Customs & Border Patrol Agents

Justia Dockets & Filings Ninth Circuit California Southern District Rivera-Vazquez v. Unknown United States Customs & Border Patrol Agents

Rivera-Vazquez v. Unknown United States Customs & Border Patrol Agents

Plaintiff:	Diego Rivera-Vazquez
Defendant:	Unknown United States Customs & Border Patrol Agents
Case Number:	3:2014cv02207
Filed:	September 16, 2014
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	Fresno
Presiding Judge:	Larry Alan Burns
Presiding Judge:	Bernard G. Skomal
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	28 U.S.C. § 1331 Federal Question: Bivens Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 2, 2016	Filing 14 ORDER modifying 11 Report and Recommendation and adopting Report and Recommendation as modified, and denying 10 Ex Parte Motion for Leave to Amend. Rivera-Vazquez may not amend to add FTCA claims for assault and battery or excessive force. But if he thinks he can successfully add a claim for negligence, he should file a renewed ex parte application by May 18, 2016. Signed by Judge Larry Alan Burns on 5/2/16. (kas) (Main Document 14 replaced on 5/3/2016) (kas). Modified on 5/3/2016 to add correct document and correct filed date (kas).
December 10, 2014	Filing 3 ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Warden of FCI Mendota, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments f rom 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 1915(b)(2). The C lerk of the Court is directed to serve a copy of this Order on Warden, FCI Mendota. Plaintiff's Complaint is DISMISSED without prejudice for failing to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(b) and 1915A(b). Plaintiff is GRANTED forty-five (45) days leave from the date this Order in which to file a Amended Complaint. Signed by Judge Larry Alan Burns on 12/9/14 (copy to Warden, FCI Mendota) (kas)

Date Filed

Document Text

May 2, 2016

Filing 14 ORDER modifying 11 Report and Recommendation and adopting Report and Recommendation as modified, and denying 10 Ex Parte Motion for Leave to Amend. Rivera-Vazquez may not amend to add FTCA claims for assault and battery or excessive force. But if he thinks he can successfully add a claim for negligence, he should file a renewed ex parte application by May 18, 2016. Signed by Judge Larry Alan Burns on 5/2/16. (kas) (Main Document 14 replaced on 5/3/2016) (kas). Modified on 5/3/2016 to add correct document and correct filed date (kas).

December 10, 2014

Filing 3 ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Warden of FCI Mendota, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments f rom 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 1915(b)(2). The C lerk of the Court is directed to serve a copy of this Order on Warden, FCI Mendota. Plaintiff's Complaint is DISMISSED without prejudice for failing to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(b) and 1915A(b). Plaintiff is GRANTED forty-five (45) days leave from the date this Order in which to file a Amended Complaint. Signed by Judge Larry Alan Burns on 12/9/14 (copy to Warden, FCI Mendota) (kas)

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Plaintiff: Diego Rivera-Vazquez
Represented By:	Inge Brauer
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Defendant: Unknown United States Customs & Border Patrol Agents
Represented By:	U S Attorney CV(Designation Assistant United States Attorney)
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