Jimenez v. Department of Corrections
| Adam Jimenez |
| Department of Corrections |
| 3:2015cv02493 |
| November 3, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| Los Angeles |
| Cynthia Bashant |
| Karen S. Crawford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr 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
62
ORDER adopting 45 Report and Recommendation; granting Defendants' 24 Motion to Dismiss for Failure to State a Claim. Court overrules Defendants' objections 46 and Plaintiff's objections 58 . Court adopts the Report and Recomme ndation in its entirety. Court grants Defendants' Motion to Dismiss. The allegations that Plaintiff was transferred to a prison where he contracted Valley Fever are dismissed with prejudice. Plaintiff may not refile these claims. The claim that Plaintiff was given inadequate medical care once he contracted Valley Fever is dismissed without prejudice. If Plaintiff can allege sufficient facts to support a claim that prison officials were deliberately indifferent to his medical needs, he may file a Second Amended Complaint one last time. If Plaintiff chooses to file a Second Amended Complaint, he must do so by 11/8/2017. Plaintiff's 61 Motion for Extension of Time to File Second Amended Complaint is denied as moot. Signed by Judge Cynthia Bashant on 10/18/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
50
ORDER adopting re 45 Report and Recommendation.; granting 24 Motion to Dismiss for Failure to State a Claim. Court overrules Defendants' Objections 46 , approves and adopts the Report and Recommendation in its entirety, and grants Defenda nts' Motions to Dismiss. The allegations that Plaintiff was transferred to a prison where he contracted Valley Fever are dismissed with prejudice, he may not refile these claims. The claim that Plaintiff was given inadequate medical care is dism issed without prejudice. If Plaintiff can allege sufficient facts to support a claim that prison officials were deliberately indifferent to his medical needs, he may refile a Second Amended Complaint one last time. If Plaintiff chooses to file a Second Amended Complaint on the issue of deliberate indifference to his medical needs, he must do so by 10/12/2017 Signed by Judge Cynthia Bashant on 9/12/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
45
REPORT AND RECOMMENDATION re 24 MOTION to Dismiss for Failure to State a Eighth Amendment Claim filed by E. Ravelo, Dr. Silva. Court recommends that the motion to dismiss be granted as to claims and all defendants. Court also recommends that P laintiff Jimenez be given 30 days from the District Judge's ruling on this matter to file a second amended complaint on the sole issue of denied medical care. Upon being served this Report, he parties have 14 days to file objections. Upon being served with any objections, the party has 14 days to file any response. Signed by Magistrate Judge Andrew G. Schopler on 7/14/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
27
ORDER for Attorney General to Produce Addresses and for U.S. Marshal to Effect Service 2 . For good cause shown, the Court ORDERS that, by February 10, 2017, the California Deputy Attorney General assigned to this case shall provide the U.S. Marshal a confidential memorandum containing the current addresses for defendants Tonya Rothchild, James Richard, and K. Reid. The Court ORDERS that, within 30 days of receiving this confidential memorandum, the U.S. Marshal's Service shall personally serve a copy of Jimenez's summons and amended complaint on the defendants whose addresses are listed in the memorandum. IT IS FURTHER ORDERED that the Clerk of the Court shall issue a new summons for defendants Tonya Rothchild, James Richard, an d K. Reid. Both the California Attorney General's Office and the U.S. Marshal's Service shall keep the defendants' addresses strictly confidential. The addresses may not appear on any U.S. Marshal Form 285, may not be made a part of the Court's record, and may not be provided to Jimenez. Signed by Magistrate Judge Andrew G. Schopler on 1/13/17. (All non-registered users served via U.S. Mail Service)(IFP package prepared)(kas)
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Filing
8
ORDER denying without prejudice Plaintiff's 5 Motion to Appoint Counsel and 7 Motion to Appoint Counsel. Court sua sponte grants Pla an extension of time to re-open his case by filing an Amended Complaint. Pla's Amended Complaint, should he elect to file one, must be received by 6/6/2016. Signed by Judge Cynthia Bashant on 4/19/2016. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
3
ORDER 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 monthly 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 1915(b) (2). Pla's Complaint is dismissed for failing to state a claim upon which relief may be granted pursuant to 28 USC 1915(e)(2) and 1915A(b), and grants Pla 45 days leave from the date of this Order to file an Amended Complaint. Signed by Judge Cynthia Bashant on 2/25/2016. (Order electronically transmitted to Secretary of CDCR) (Blank 1983 First Amended Comlaint form t/w copy of this Order mailed to Plaintiff) (All non-registered users served via U.S. Mail Service) (jah)
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| Plaintiff: Adam Jimenez | |
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| Defendant: Department of Corrections | |
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