Dasilva v. Padilla et al
| Michael Brian Dasilva |
| Padilla, A. B. Gervin, Amy Miller, Sais, Calderon, Greenwood, Rivas, Ruiz, Erece, John Doe, Lopez, Chavez and Dominguez |
| 3:2014cv02442 |
| October 10, 2014 |
| US District Court for the Southern District of California |
| San Diego Office |
| Kern |
| Mitchell D. Dembin |
| William Q. Hayes |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
76
ORDER. IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 75 ) is adopted in its entirety. Defendants' partial motion to dismiss (ECF No. 67 ) is granted in part and denied in part. The Court dismisses with prejudice Plaintiff� 39;s first claim for access to courts as to all Defendants; and Plaintiff's third claim for violation of Due Process against Defendants Calderon, Dominguez, Padilla, Miller, and Sais arising from destruction of Plaintiff's property, denial of of Plaintiff's property claim, and the transfer of Plaintiff to another prison. Plaintiff's remaining claims include Plaintiff's second claim for the denial of the right to petition the government for redress of grievances against D efendants Calderon, Dominguez, Gervin, Greenwood, Miller, Padilla, Rivas, and Sais; Plaintiff's third claim for violation of Due Process against Defendants Erece, Greenwood, John Doe, Padilla, Rivas, Ruiz, and Sais arising from failing to notify superiors of Plaintiff's grievances, refusing Plaintiff law library access, and withholding of Plaintiff's legal mail; Plaintiffs fourth claim for retaliation against Defendants Calderon, Dominguez, Erece, Gervin, Greenwood, John Doe, Miller, Padilla, Rivas, and Sais; and Plaintiffs fifth claim alleging related state law claims. Signed by Judge William Q. Hayes on 8/11/2016. (All non-registered users served via U.S. Mail Service)(aef)
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Filing
57
ORDER: The Report and Recommendation (Dkt # 49 ) is adopted in its entirety. Defendants' partial motion to dismiss (Dkt # 37 ) is granted. Signed by Judge William Q. Hayes on 2/8/2016. (All non-registered users served via U.S. Mail Service.) (mdc)
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Filing
4
ORDER (1) Granting Motion To Proceed In Forma Pauperis (Re Doc. 2 ) (2) Denying Motion To Appoint Counsel (Re Doc. 3 ) And (3) Directing U.S. Marshall To Effect Service Of Summons And Complaint: The Secretary CDCR, or his designee, shall collect fr om 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's income and forward payments to the Clerk of the Court eac h time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). Signed by Judge William Q. Hayes on 11/26/2014. (IFP package prepared; Order electronically transmitted to Secretary of CDCR; per Order, a copy of this Order also was mailed to Secretary of CDCR.) (mdc)
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