Nible v. Fink et al
| William L. Nible |
| Fink, B. Self, T. Diaz, V. Sosa, R. Olivarria, Doe #1 and Doe #2 |
| 3:2016cv02849 |
| November 21, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| Tuolumne |
| Cynthia Bashant |
| Peter C. Lewis |
| 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
83
ORDER granting Defendant's 62 Motion to Dismiss for Failure to State a Claim. Court adopts 75 Report and Recommendation. Because this concludes the litigation, the Clerk is instructed to close the file. Signed by Judge Cynthia Bashant on 7/30/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
79
ORDER granting Defendants Fink and Diaz's 56 Motion for Summary Judgment. Court adopts 71 Report and Recommendation in its entirety. The Clerk shall not enter final judgment, Plaintiff still has claims pending against other Defendants. Signed by Judge Cynthia Bashant on 6/26/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
75
REPORT AND RECOMMENDATION recommending that the Court issue an Order approving and adopting this Report and recommendation and directing that judgment be entered granting 62 MOTION to Dismiss for Failure to State a Claim filed by Fink, T. Diaz , G Stratton. Written objections may be filed no later than 30 days after submission of the Order. Any reply to the objections shall be filed no later than 30 days after filing of objections. Signed by Magistrate Judge Ruth Bermudez Montenegro on 5/23/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
71
REPORT AND RECOMMENDATION re 56 MOTION for Summary Judgment filed by Fink, T. Diaz. Court recommends that the Court issue an Order granting summary judgment against Plaintiff, and for Fink and Diaz, as to all of Plaintiff's claims. No l ater than 30 days after the submission of the Order, any party to this action may file written objections. Any reply to the objections shall be filed no later than 30 days after filing of objections. Signed by Magistrate Judge Ruth Bermudez Montenegro on 4/5/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
50
ORDER denying Plaintiff 35 Motion for Declaratory Judgment and denying 37 Motion for Hearing Date. In the context of this lawsuit with the record not yet fully developed, Plaintiff's Motion is more appropriately construed as a request for an advisory opinion pursuant to Article II of the United States Constitution, Plaintiff's Motion for Declaratory Judgment is denied. Court finds that oral argument is unnecessary to decide Plaintiff's Motion for Declaratory Judgment and exe rcises its discretion to decide the Motion solely on the pleadings, Plaintiff's Motion for Hearing id denied. Signed by Magistrate Judge Ruth Bermudez Montenegro on 11/2/2018. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
24
ORDER Granting 12 Motion to Dismiss for Failure to State a Claim; and Adopting 15 Report and Recommendation. Defendants Self, Soto, and Olivarria and Counts 9 through 11 are dismissed. Signed by Judge Cynthia Bashant on 1/4/18. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing
15
REPORT AND RECOMMENDATION re 12 MOTION to Dismiss for Failure to State a Claim filed by R. Olivarria, Fink, T. Diaz, V. Sosa, B. Self. Court recommends that the District Court grant Defendants' motion to dismiss. Plaintiff has failed to state any cognizable 42 USC 1983 claim against Officers Sosa, Self, and Olivarria, he has also failed to demonstrate that the Defendants played any affirmative part in any alleged constitutional or federal deprivation. Accordingly and because no a dditional facts would cure Plaintiff's claims as to these Defendants, Court recommends that all claims against Defendants Self, Sosa, and Olivarria be dismissed with prejudice. Objections to R&R due by 10/27/2017. Replies due by 11/10/2017. Signed by Magistrate Judge Peter C. Lewis on 10/12/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
6
REPORT AND RECOMMENDATION re 2 MOTION to Dismiss for Failure to State a Claim filed by R. Olivarria, Fink, T. Diaz, V. Sosa, B. Self. Court recommends that Defendants' motion to dismiss be granted. Objections to R&R due by 5/23/2017. Replies due by 6/6/2017. Signed by Magistrate Judge Peter C. Lewis on 5/9/2017. (All non-registered users served via U.S. Mail Service) (jah)
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