Roberts v. Beard et al
Plaintiff: Tony Roberts
Defendant: J. Beard, D. Paramo, K. Seibel, S. Sanchez, D. Arguilez, L. Ciborowski and A. Buenrostro
Case Number: 3:2015cv01044
Filed: May 8, 2015
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: William Q. Hayes
Presiding Judge: Peter C. Lewis
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
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
October 30, 2019 Opinion or Order Filing 206 ORDER denying 204 Motion for Taxation of Costs. Signed by Judge William Q. Hayes on 10/30/2019. (All non-registered users served via U.S. Mail Service)(mme)
August 2, 2019 Opinion or Order Filing 198 ORDER: The Motion to Dismiss filed by Defendants (ECF No. 189 ) is GRANTED. The Motion to Appoint Counsel (ECF No. 183 ) and the Motion for Leave to File an Amended Complaint (ECF No. 186 ) filed by Plaintiff are dismissed as moot. Signed by Judge William Q. Hayes on 8/2/2019. (All non-registered users served via U.S. Mail Service) (tcf)
March 14, 2019 Opinion or Order Filing 178 ORDER ADOPTING REPORT AND RECOMMENDATION: The Report and Recommendation is adopted in full. (ECF No. 176 ). Defendants' motion for summary judgment (ECF No. 172 ) is granted as to Plaintiff's state law claims and granted as to Plaintiff&# 039;s First Amendment claims against Defendants Solis, Santiago, and Seibel. Defendants' motion for summary judgment (ECF No. 172 ) is denied as to Plaintiff's First Amendment claims against Defendants Parker, Davis, Meza, and Buenrostro. Signed by Judge William Q. Hayes on 3/14/2019.(All non-registered users served via U.S. Mail Service)(ag)
January 25, 2019 Opinion or Order Filing 176 REPORT AND RECOMMENDATION Granting in Part and Denying in Part Defendants' Motion for Summary Judgment (ECF No. 172 ). Any party to this action may file written objections with the Court and serve a copy on all parties no later than 02/14/2019. Signed by Magistrate Judge Ruth Bermudez Montenegro on 01/25/2019. (All non-registered users served via U.S. Mail Service)(ajs)
September 24, 2018 Opinion or Order Filing 136 ORDER: The Report and Recommendation is Adopted in full. (ECF No. 130 ). Plaintiff's motion to schedule the evidentiary hearing after August 14, 2018 (ECF No. 132 ) is Denied as moot. Defendants' motion for summary judgment (ECF No. 116 ) is Granted as to the exhausted retaliation claim for the April 2, 2014 rules violation report and the Eighth Amendment claim against Defendant Buenrostro. Defendants' motion for summary judgment on exhaustion, qualified immunity, and state law g rounds as to Plaintiff's remaining claims (ECF No. 116 ) is Denied without prejudice and with leave to refile following the evidentiary hearing. It is further Ordered that this action is remanded to the Magistrate Judge for an evidentiary heari ng to resolve the disputed material facts of whether the prison improperly failed to process Plaintiff's alleged grievances on April 2, 2014; June 23, 2014; and July 8, 2014. Signed by Judge William Q. Hayes on 09/24/2018. (All non-registered users served via U.S. Mail Service)(ajs)
May 25, 2018 Opinion or Order Filing 130 REPORT AND RECOMMENDATION Granting in Part 116 Defendants' Motion for Summary Judgment. Objections to R&R due by 6/13/2018. Signed by Magistrate Judge Peter C. Lewis on 05/25/2018.(All non-registered users served via U.S. Mail Service)(ajs)
January 17, 2018 Opinion or Order Filing 118 ORDER: The mandate is spread. The Clerk of Court shall reopen this case. Plaintiff's Objection (ECF No. 95 ) is Denied. Signed by Judge William Q. Hayes on 01/17/2018. (All non-registered users served via U.S. Mail Service)(ajs)
July 19, 2017 Opinion or Order Filing 81 ORDER: The Motion for Permission to Act as 'Next of Friend'; Or Alternatively, For Court to Act on Its Own, and Stay All Proceedings Pending Mr. Roberts Discharge From Acute Psychiatric Hospitalization and Treatment (Dkt # 68 ) and the Ex Parte Applications for Stay of All Proceedings (Dkt #s 78 , 80 ) are denied without prejudice. Signed by Judge William Q. Hayes on 7/19/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
September 16, 2016 Opinion or Order Filing 46 ORDER: The Report and Recommendation (Dkt # 40 ) is adopted in its entirety. The motion for summary judgment (Dkts # 27 , 38 ) is denied. The motion to dismiss Plaintiff's Eighth Amendment claim as to Defendant Buenrostro (Dkts # 27 , 38 ) is denied. The motion to dismiss Plaintiff's Eighth Amendment claims as to all other served Defendants (Dkts # 27 , 38 ) is granted. The motion to dismiss Plaintiff's First Amendment claims as to all served Defendants (Dkts # 27 , 38 ) is denied. Signed by Judge William Q. Hayes on 9/15/2016. (All non-registered users served via U.S. Mail Service.) (mdc)
May 26, 2015 Opinion or Order Filing 4 ORDER (1) Granting Plaintiff's Motion To Proceed In Forma Pauperis (Re Doc. 2 ) And (2) Directing U.S. Marshal To Effect Service Of Summons And Complaint: The Secretary CDCR, or his designee, shall collect from Plaintiff's prison trust acc ount 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 each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). Signed by Judge William Q. Hayes on 5/21/2015. (IFP package prepared; Order electronically transmitted to Secretary of CDCR.) (mdc)
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Plaintiff: Tony Roberts
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Defendant: J. Beard
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Defendant: D. Paramo
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Defendant: K. Seibel
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Defendant: S. Sanchez
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Defendant: D. Arguilez
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Defendant: L. Ciborowski
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Defendant: A. Buenrostro
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