Singleton v. Kernan et al
Plaintiff: Kelvin X. Singleton
Defendant: Scott Kernan, G. Hernandez, A. Sanchez, C. Martinez, K. Hurm and N. Beduhi
Case Number: 3:2016cv02462
Filed: September 29, 2016
Court: US District Court for the Southern District of California
Office: San Diego Office
County: Sacramento
Presiding Judge: Cynthia Bashant
Presiding Judge: Nita L. Stormes
Nature of Suit: Civil Rights
Cause of Action: 42:1983
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
March 12, 2020 Opinion or Order Filing 228 ORDER Granting Plaintiff's Motion for Transcripts (ECF No. 226 ). Signed by Judge Cynthia Bashant on 3/12/20. (All non-registered users served via U.S. Mail Service)(jmo)
May 28, 2019 Opinion or Order Filing 172 ORDER GRANTING MOTION AND APPOINTING PRO BONO COUNSEL PURSUANT TO 28 U.S.C. § 1915(e)(1) AND S.D. Cal. Gen. Order 596 re 171 Motion to Appoint Counsel. Signed by Judge Cynthia Bashant on 5/28/2019. A copy of this Order has been mailed to Mr. Kazerounian at the address listed in the Order. (All non-registered users served via U.S. Mail Service)(sjm)
February 15, 2019 Opinion or Order Filing 158 ORDER. Court overrules Plaintiff's Objections 155 . Court approves and adopts 154 Report and Recommendation, denies in full Plaintiff's 131 Motion for Summary Judgment, grants in part and denies in part Defendants' 138 Motio n for Summary Judgment. Court dismisses with prejudice Defendant A. Sanchez. Court dismisses Plaintiff's due process claim against Defendant Hernandez. The only claim which remains is Plaintiff's First Amendment retaliation claim against Hernandez. The Clerk shall terminate Defendant T. Boerum as a defendant. Signed by Judge Cynthia Bashant on 2/15/2019. (All non-registered users served via U.S. Mail Service) (jah)
January 8, 2019 Opinion or Order Filing 154 REPORT AND RECOMMENDATION for Orders on Cross Motions for Summary Judgment to (1) Deny Plaintiff's Motion for Summary Judgment; and (2) Grant in Part and Deny in Part Defendants' Motion for Summary Judgment (ECF Nos. 131 , 138 ). Objections to R&R due by 1/25/2019. Replies due by 2/8/2019. Signed by Magistrate Judge Nita L. Stormes on 1/8/2019.(All non-registered users served via U.S. Mail Service)(jdt)
November 2, 2018 Opinion or Order Filing 152 ORDER denying without prejudice Plaintiff's 140 Motion to Appoint Counsel. Signed by Magistrate Judge Nita L. Stormes on 11/2/2018. (All non-registered users served via U.S. Mail Service) (jah)
November 1, 2018 Opinion or Order Filing 151 ORDER granting in part and denying in part Plaintiff's 123 Ex Parte Motion for Sanctions for Defendants' Bad Faith Efforts. Plaintiff's motion for sanctions related to spoliation of the 10/13/2015 urinalysis logbook entry is denied. Plaintiff's motion for sanctions related to spoliation of the 1/21/2015 urinalysis log book entry is granted in part. Plaintiff is entitled to an adverse inference instruction regarding the content of the log book. Plaintiff's requests for terminating or other sanctions are denied. Signed by Magistrate Judge Nita L. Stormes on 11/1/2018. (All non-registered users served via U.S. Mail Service) (jah)
May 18, 2018 Opinion or Order Filing 116 ORDER (1) Denying 103 Ex Parte Request for a Subpoena Deuces Tecum; (2) Granting 105 Ex Parte Request for In Camera Review; and (3) Granting in Part and Denying in Part 114 Plaintiff's Motion to Compel. Signed by Magistrate Judge Nita L. Stormes on 5/18/2018. (All non-registered users served via U.S. Mail Service)(rmc)
January 22, 2018 Opinion or Order Filing 89 ORDER (1) Overruling Plaintiff's Objections 88 (2) Adopting re 85 Report and Recommendation; (3)granting in part and denying in part 36 , 51 Motions for Summary Judgment; (4) granting in part and denying in part 34 , 50 Motions to Di smiss. The only remaining claims in this case are retaliation in violation of the First Amendment and denial of due process in violation of the Fourteenth Amendment against Defendants Hernandez and Sanchez. These Defendants are Ordered to file an answer to the First Amended Complaint to no later than February 12, 2018. Signed by Judge Cynthia Bashant on 1/22/2018. (All non-registered users served via U.S. Mail Service)(anh)
October 31, 2017 Opinion or Order Filing 78 ORDER denying Plaintiff's 54 Motion for Reconsideration re 5 Order on Motion for Preliminary Injunction and/or Temporary Restraining Order. Signed by Judge Cynthia Bashant on 10/31/2017. ( All non-registered users served via U.S. Mail Service) (jah)
September 29, 2017 Opinion or Order Filing 71 ORDER ADOPTING REPORT AND RECOMMENDATION for 38 Motion to Supplement filed by Kelvin X. Singleton. Court adopts 68 Report and Recommendation in its entirety. Plaintiff's 38 Motion to Supplement the First Amended Complaint is denied. Court's denial is without prejudice to Plaintiff pursing his new claims in an appropriate venue. Signed by Judge Cynthia Bashant on 9/28/2017. (All non-registered users served via U.S. Mail Service) (jah)
September 26, 2017 Opinion or Order Filing 70 ORDER denying Plaintiff's 65 Motion to Appoint Counsel. Court does not find the "exceptional circumstances" required for appointment of counsel under 28 USC 1915(e)(1). Signed by Magistrate Judge Nita L. Stormes on 9/26/2017. (All non-registered users served via U.S. Mail Service) (jah)
September 12, 2017 Opinion or Order Filing 68 REPORT AND RECOMMENDATION re 38 Ex Parte MOTION to Supplement 32 First Amended Complaint filed by Kelvin X. Singleton. Court recommends that Plaintiff's motion for leave to supplement the complaint be denied without prejudice to his filing such claims in the Eastern District. Objections to R&R due by 9/27/2017. Replies due by 10/4/2017. Signed by Magistrate Judge Nita L. Stormes on 9/12/2017.(jah)
January 13, 2017 Opinion or Order Filing 5 ORDER granting 2 Motion for Leave to Proceed in forma pauperis, denying 4 Motion for Preliminary Injunction. 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 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). Signed by Judge Cynthia Bashant on 1/13/17. (Order electronically transmitted to Secretary of CDCR). (All non-registered users served via U.S. Mail Service)(IFP package prepared)(kas)
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Plaintiff: Kelvin X. Singleton
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Defendant: Scott Kernan
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Defendant: G. Hernandez
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Defendant: A. Sanchez
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Defendant: C. Martinez
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Defendant: K. Hurm
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Defendant: N. Beduhi
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