Carson v. Martinez et al
David Vincent Carson |
F. Martinez, C. Godinez, A. Silva, A. Larocco, R. Nevarez, D. Garcia, D. Arguilez, P. Bracamonte, K.A. Seibel, R. Olson, J. Ramirez, G. Casian, M.D., J. Lewis and John Does |
3:2016cv01736 |
July 5, 2016 |
US District Court for the Southern District of California |
San Diego Office |
Monterey |
Barbara Lynn Major |
Janis L. Sammartino |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 118 ORDER Granting 117 Joint Motion to Dismiss the Entire Action. As stipulated by the Parties, the Court DISMISSES WITH PREJUDICE the entire action, with each Party to bear its own costs and attorney's fees. The Honorable Barbara L. Major will retain jurisdiction to enforce the settlement. Signed by Judge Janis L. Sammartino on 3/19/2021. (All non-registered users served via U.S. Mail Service) (tcf) |
Filing 96 ORDER granting 94 Motion to Appoint Pro Bono Counsel pursuant to 28 USC 1915(e)(1) and S.D. Cal. Gen. Order 596. The Court appoints James D. Crosby, Esq to represent Plaintiff. Signed by Judge Janis L. Sammartino on 11/21/2019. (cc: James D. Crosby) (All non-registered users served via U.S. Mail Service)(jpp) |
Filing 92 ORDER Resetting Pretrial Deadlines. Proposed Pretrial Order due by 12/12/2019. The final Pretrial Conference is scheduled on the calendar of the Honorable Janis L. Sammartino on December 19, 2019 at 1:30 p.m. Signed by Magistrate Judge Barbara Lynn Major on 9/18/19.(All non-registered users served via U.S. Mail Service)(dlg) |
Filing 91 ORDER: (1) Overruling Plaintiff's objections; (2) Adopting Report and Recommendation; and (3) Granting in part and denying in part Defendants' Motion for Summary Judgment. (ECF Nos. 63 , 83 , 87 ). Signed by Judge Janis L. Sammartino on 9/03/2019. (All non-registered users served via U.S. Mail Service)(jpp) |
Filing 83 REPORT AND RECOMMENDATION re 63 Motion for Summary Judgment. Objections to R&R due by 5/9/2019. Replies due by 6/6/2019. Signed by Magistrate Judge Barbara Lynn Major on 4/11/2019.(jpp) |
Filing 54 ORDER denying 47 Plaintiff's Motion for the appointment of an independent medical expert. Signed by Magistrate Judge Barbara Lynn Major on 9/06/2018. (All non-registered users served via U.S. Mail Service)(jpp) |
Filing 43 ORDER Denying Motion to Appoint Counsel. The Court denies without prejudice Plaintiff's Motion to Appoint Counsel 37 and Plaintiff's supplemental Motion 42 . Signed by Judge Janis L. Sammartino on 5/25/2018. (All non-registered users served via U.S. Mail Service)(mpl) |
Filing 27 ORDER (1) Adopting 26 Report and Recommendation, and (2) Dismissing Complaint re 18 Motion to Dismiss. It is ordered that Plaintiff's c omplaint is dismissed without prejudice unless otherwise noted by Judge Major's R&R as adop ted by the Court, (see, e.g., R&R 89 (dismissing Plaintiffs claims against Defendants Seibel and Bracamonte without leave to amend because Plaintiff concedes his claims against those Defendants should be dismissed)). Accordingly, Plaintiff shal l file an amended complaint, if any, on or before thirty days from the date on which this Order is electronically docketed. Failure to file an amended complaint by this deadline may result in a dismissal of these claims for failure to prosecute. Signed by Judge Janis L. Sammartino on 8/3/2017. (All non-registered users served via U.S. Mail Service)(dxj) |
Filing 26 REPORT AND RECOMMENDATION re 18 MOTION to Dismiss for Failure to State a Claim filed by F. Martinez, A. Silva, A. Larocco, C. Godinez, K.A. Seibel, D. Arguilez, P. Bracamonte, D. Garcia, G. Casian, M.D. It is ordered that tha t any written objections to this Report must be filed with the Court and served on all parties no later than 6/16/2017. Any reply to the objections shall be filed with this Court and served on all parties no later than 7/7/2017. Signed by Magistrate Judge Barbara Lynn Major on 5/18/2017.(dxj) |
Filing 17 ORDER (1) granting 16 Plaintiff's Motion for Discovery and (2) Sua Sponte granting Plaintiff an Extension of Time to Serve Defendant Nevarez Pursuant to Fed. R. Civ. P 4(m). Signed by Magistrate Judge Barbara Lynn Major on 12/1/2016. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM)(IFP Package sent to Office of the Att. Gen.)(kcm) |
Filing 3 ORDER: (1) granting 2 Motion for Leave to Proceed in forma pauperis Pursuant to 28 U.S.C. § 1915(a), (2) Dismissing Defendants Pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b), and (3) Directing U.S. Marshal to Effect Service Upon R emaining Defendants Pursuant to 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3). US Marshal shall effect service of complaint. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the fil ing 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). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Janis L. Sammartino on 8/15/2016. (All non-registered users served via U.S. Mail Service)(kcm) |
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