Davis v. Unruh et al
| Gavin B. Davis |
| John Gregory Unruh, Lindsay A. Davis, Paula Rosenstein, John S. Meyer, Superior Court of San Diego, Marissa A. McArthur, Daniel C. Herbert, Rachel R. James, Higgs, Fletcher & Mack LLP, Smith & Scatizzi, LLP and San Diego Police Department |
| 3:2016cv00897 |
| April 14, 2016 |
| U.S. District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| William V. Gallo |
| Barry Ted Moskowitz |
| Other Statutory Actions |
| 28 U.S.C. ยง 1343 |
| Plaintiff |
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Filing
79
ORDER: (1) Denying Motions to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(e) AND 60(b) (ECF Nos. 60 , 76 ); and (2) Denying Motions Requesting Removal of Defendants and Joinder as Moot (ECF Nos. 64 , 66 ). The Court: (1) Denies Plainti ff's Motions to Alter or Amend Judgment pursuant to FED. R. CIV. P. 59(e), and re-affirms its 8/4/2016 Order and Judgment dismissing this civil action pursuant to FED. R. CIV. P. 8(a) and 28 U.S.C. § 1915(e)(2); (2) Denies Plaintiff's Motions Requesting Removal of Defendants and Joinder of parties pursuant to FED. R. CIV. P. 19 as moot; (3) Re-Certifies that an IFP appeal from either the 8/4/2016 Judgment, or this Order, would be frivolous and therefore, would not be taken in goo d faith pursuant to 28 U.S.C. § 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if appeal would not be frivol ous); and (4) Directs the Clerk of Court to terminate this action and to accept no further filings, except a Notice of Appeal, for filing in this case. Signed by Judge Barry Ted Moskowitz on 9/6/2016. (All non-registered users served via U.S. Mail Service)(rlu)
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Filing
55
ORDER: (1) Dismissing Civil Action Pursuant to Fed. R. Civ. P. 8(a) and for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2); and (2) Denying all Pending Motions as Moot (Doc Nos. 48 , 50 52 54 ). Signed by Judge Barry Ted Moskowitz on 8/3/2016. (All non-registered users served via U.S. Mail Service)(rlu)
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