Thomas v. Rodriguez et al
| Sammy Thomas |
| J. Rodriguez and P. Colio |
| 3:2016cv02211 |
| August 29, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| Los Angeles |
| Jan M. Adler |
| Anthony J. Battaglia |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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Filing
52
ORDER denying Plaintiff's in forma pauperis Status. Consequently, the Court certifies that Plaintiff's appeal is not taken in good, and therefore, Plaintiff's in forma pauperis status should not be continued for purposes of this appea l. Accordingly, the Court hereby revokes Plaintiff's in forma pauperis status. Should Plaintiff wish to pursue an appeal, he must pay the requisite filing fee. In accordance with the Ninth Circuit's 51 referral notice, the Clerk of the Co urt shall forward a copy of this Order to the Ninth Circuit and the parties. Signed by Judge Anthony J. Battaglia on 10/5/2018. (USCA Case Number 18-56238. Order electronically transmitted to the US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
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Filing
46
ORDER Adopting re 41 Report and Recommendation; Overruling Plaintiff's Objections; Granting 37 Defendants' Motion to Dismiss without Leave to Amend. the Court GRANTS Defendants motion to dismiss WITHOUT LEAVE TO AMEND, (Doc. No. 37), ADOPTS Magistrate Judge Jan M. Adler's R&R in its entirety, (Doc. No. 41), and OVERRULES Plaintiffs objections, (Doc. No. 45). The Clerk of Court is DIRECTED to CLOSE this case. Signed by Judge Anthony J. Battaglia on 9/4/2018. (All non-registered users served via U.S. Mail Service)(acc)
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Filing
41
REPORT AND RECOMMENDATION re 37 MOTION to Dismiss Third Amended Complaint filed by J. Rodriguez, P. Colio. Objections to R&R due by 4/16/2018; Replies due by 4/30/2018.. Signed by Magistrate Judge Jan M. Adler on 3/29/2018.(All non-registered users served via U.S. Mail Service)(acc)
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Filing
35
ORDER granting 30 Defendant's Motion to Dismiss Second Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). The Court:1) GRANTS Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint pursuant to Fed. R. Civ. P. 12(b)( 6) [ECF No. 30]; and2) GRANTS Plaintiff forty-five (45) days leave from the date of this Order in which to file with the Clerk of Court, and serve upon Defendant Colio and Rodriguezs counsel of record, a Third Amended Complaint that addresses the pleading deficiencies identified in this Order. Signed by Judge Anthony J. Battaglia on 9/5/2017. (All non-registered users served via U.S. Mail Service)(acc)
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Filing
24
ORDER. IT IS HEREBY ORDERED that: 1. The Clerk shall issue a summons as to Plaintiff's Second Amended Complaint (ECF No. 23) upon Defendants Rodriguez and Colio and shall and forward it to Plaintiff along with a blank U.S. Marshal Form 285 for e ach Defendant; 2. Defendants Rodriguez and Colio are thereafter ORDERED to reply to Plaintiff's Second Amended Complaint within the time provided by the applicable provisions of Federal Rule of Civil Procedure 12(a). See 42 U.S.C. § 1997e(g )(2); 3. Plaintiff shall serve upon Defendants Rodriguez and Colio or, if appearance has been entered by counsel, upon Defendants' counsel, a copy of every further pleading or other document submitted for consideration of the Court; 4. Defendant s Nurse Nunez and Dr. Eslock are DISMISSED without further leave to amend pursuant to the screening provisions of 28 U.S.C. §§ 1915(e)(2) and 1915A(b); 5. The remaining Defendants are DISMISSED without prejudice for lack of venue pursuant to 28 U.S.C. §§ 84(c)(1), 1391(b) and 1406(a). Signed by Judge Anthony J. Battaglia on 4/13/2017.(All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (acc)
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Filing
22
SUA SPONTE ORDER Dismissing Claims Against Defendants; Granting Leave to File Second Amended Complaint; Denying 11 Plaintiff's Motion for Appointment of Counsel without prejudice. the Court: 1. DENIES without prejudice Plaintiffs Motion for A ppointment of Counsel (ECF No. 11). 2. DIRECTS the Clerk of Court to dismiss Defendants M. D. Stainer, Warren Montgomery, Dr. Eslock and Nurse Nunez from this action without prejudice for failing to state a claim upon which relief may be granted purs uant to 28 U.S.C. § 1915(e)(2) and § 1915A(b). 3. GRANTS Plaintiff leave to, on or before 4/3/2017, either: (1) file a Second Amended Complaint. (2) notify the Court of his intent to proceed with the First Amended Complaint against Defendan ts Rodriguez and Colio. 4. The Clerk of Court is DIRECTED to send Plaintiff a blank Southern District of California § 1983 amended complaint form along with a copy of this Order. Signed by Judge Anthony J. Battaglia on 2/28/2017. Blank complaint form sent to Plaintiff. (All non-registered users served via U.S. Mail Service)(acc)
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