Stevenson v. Beard et al
| Stevie J. Stevenson |
| Jeffrey Beard, PHD, Scott Kernan, Shannon Swain, Raymond Madden, Dennis Brown, N. Telles, C. Bell, Unknown Initials C or PC, C. Walker, John & Jane Does and J. Rohrer |
| 3:2016cv03079 |
| December 19, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| Imperial |
| Peter C. Lewis |
| Janis L. Sammartino |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| 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
249
ORDER Denying 248 Defendants' Ex Parte Application to Modify Briefing Schedule in ECF 243 . Signed by Judge Todd W. Robinson on 6/21/2022. (All non-registered users served via U.S. Mail Service)(ave)
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Filing
243
Order (1) Denying Motions For Reconsideration Of The Order On SummaryJudgment, And (2) To Show Cause Why Summary Judgment Should Not BeGranted On Qualified Immunity Grounds (ECF Nos. 230 , 233 ). The Parties SHALL FILE their respective briefs addr essing whether or not Defendants are entitled to qualified immunity as to Plaintiff's First Amendment claim relating to the opening of his legal mail outside his presence on or before Friday, June 24, 2022. Signed by Judge Todd W. Robinson on 5/10/2022. (All non-registered users served via U.S. Mail Service) (fth)
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Filing
222
ORDER granting in part and denying in part 167 Motion for Summary Judgment. The Court DIRECTS the Clerk of Court to terminated Defendants Swain, Brown, John and Jane Does, and Rohrer from the Court's Docket. The Court DENIES Defendants' ; Motion as to Plaintiff's First Amendment claims based on the opening of his legal mail outside his presence but GRANTS Defendants' Motion as to all remaining claims in Plaintiff's First Amended Complaint. Signed by Judge Todd W. Robinson on 2/8/2022. (All non-registered users served via U.S. Mail Service)(fth)
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Filing
211
ORDER: (1) Denying 169 Motion to Compel Discovery; and (2) Denying 178 as Moot Motion to Compel Defendant Couch To Answer Requests for Genuineness of Documents. Signed by Magistrate Judge Ruth Bermudez Montenegro on 9/28/21. (All non-registered users served via U.S. Mail Service)(sxa)
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Filing
150
REPORT AND RECOMMENDATION re 123 125 (1) Plaintiff's Motion for Preliminary Injunction; and (2) Plaintiff's Motion to Apprise the Court of Plaintiff's Intention to File Motion for Preliminary Injunction. Objections to R&R due by 4/12/2021 Replies due by 4/26/2021. Signed by Magistrate Judge Ruth Bermudez Montenegro on 3/29/21.(All non-registered users served via U.S. Mail Service)(sxa)
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Filing
133
ORDER denying 131 Motion for Appointment of Counsel. Signed by Magistrate Judge Ruth Bermudez Montenegro on 12/7/2020. (All non-registered users served via U.S. Mail Service)(jmr)
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Filing
128
ORDER Granting 127 Defendant's Ex Parte Application to Modify Briefing Schedule on 125 Motion for Preliminary Injunction or Temporary Restraining Order. Defendants must file any opposition to Plaintiffs Motion on or before December 2, 23 202 0. Plaintiff may file any reply brief on or before December 23, 2020. Upon completion of the briefing, the Court will take the matter under submission without an oral argument pursuant to Civil Local Rule 7.l(d)(l) and no personal appearances will be required. Counsel is ADMONISHED to comply with the undersigned's Civil Case Procedures and Chambers' Rules with respect to any future motion and/or ex parte application. Signed by Magistrate Judge Ruth Bermudez Montenegro on 11/3/2020. (All non-registered users served via U.S. Mail Service)(mme)
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Filing
106
ORDER: (1) Denying 95 Plaintiff's Motion for Preliminary Injunction, and (2) Granting Plaintiff leave to file a Second Amended Complaint. Plaintiff is granted forty-five (45) days from the date on which this Order is electronically docketed to file a Second Amended Complaint. Signed by Judge Janis L. Sammartino on 3/16/2020. (jpp)
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Filing
61
ORDER (1) Adopting 47 Report and Recommendation; and (2) Granting in part and Denying in part 32 Motion to Dismiss. It is ordered, Claim 1 of Plaintiff's Complaint is dismissed with prejudice. The Court finds that no amendment can cure the claim preclusion bar of this claim, and Plaintiff is not granted leave to amend this claim. In contrast, all claims against Defendant Kernan are dismissed without prejudice. The remainder of Defendants' Motion to Dismiss is denied. Signed by Judge Janis L. Sammartino on 7/11/2018. (All non-registered users served via U.S. Mail Service)(mpl)
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Filing
60
ORDER Denying Plaintiff's 46 Motion for Approval of Subpoena. Signed by Magistrate Judge Peter C. Lewis on 6/26/2018. (All non-registered users served via U.S. Mail Service)(mpl)
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Filing
59
ORDER Re 58 Motion for Clarification and Requests for Documents. Signed by Judge Janis L. Sammartino on 6/4/2018. (All non-registered users served via U.S. Mail Service)(Copy of Docket/R&R Mailed)(mpl).
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Filing
47
REPORT AND RECOMMENDATION of U.S. Magistrate Judge: re 32 MOTION to Dismiss for Failure to State a Claim. Objections to the R&R are due by 5/14/2018. Replies are due by 5/21/2018. Signed by Magistrate Judge Peter C. Lewis on 4/26/2018.(mpl)
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Filing
22
ORDER Denying Plaintiff's Renewed 18 Motion for Preliminary Injunction. Signed by Judge Janis L. Sammartino on 12/4/2017. (All non-registered users served via U.S. Mail Service)(mpl)
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Filing
21
ORDER Denying Plaintiff's 20 Motion to File Future Amended Complaint. The Court requests Plaintiff gather the information he requires for any subsequent amendments or supplements, and petition the Court for leave to amend his complaint at that time. Plaintiff's motion to file a future amended complaint or a future supplemental complaint is denied. Signed by Magistrate Judge Peter C. Lewis on 11/6/2017. (All non-registered users served via U.S. Mail Service)(mpl)
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Filing
13
ORDER 1) Granting 7 Motion for Leave to File Excess Pages and; 2) Directing U.S. Marshal to Effect Service of First Amended Complaint Upon Defendants Pursuant to Fed. R. Civ. P. 4(c)(3) and 28 U.S.C. § 1915(d). Signed by Judge Janis L. Sammartino on 10/6/2017. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (IFP Packet Mailed) (mpl)
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Filing
6
ORDER: (1) Granting 2 Motion to Proceed in Forma Pauperis And 3 Motion for Leave to File Excess Pages; (2) Dismissing Complaint for Failing to State a Claim; And (3) Denying 5 Motion for Preliminary Injunction And/or Protective Order. The Se cretary 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 incom e 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.) The Court grants plaintiff f orty-five (45) days leave from the date of this Order in which to file an Amended Complaint which cures all the noted pleading deficiencies. Plaintiff's Amended Complaint must be complete by itself without reference to his original pleading. Defendants not named and any claim not re-alleged in his Amended Complaint will be considered waived. If Plaintiff fails to file an Amended Complaint within the time provided, the Court will enter a final Order dismissing this civil action base d both on Plaintiff's failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b), and his failure to prosecute in compliance with a court order requiring amendment. Signed by Judge Janis L. Sammartino on 5/16/2017. (All non-registered users served via U.S. Mail Service)(dxj)
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