Wilson v. Gardiner et al
Plaintiff: David Wilson
Defendant: Gardiner, Joe Doe #1, Poiter and Joe Does #2-4
Case Number: 3:2017cv00469
Filed: March 6, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: Solano
Presiding Judge: Mitchell D. Dembin
Presiding Judge: Janis L. Sammartino
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 5, 2019 Opinion or Order Filing 32 REPORT AND RECOMMENDATION re 30 MOTION for Summary Judgment. Objections to R&R due by 2/19/2019. Replies due by 2/26/2019. Signed by Magistrate Judge Mitchell D. Dembin on 2/05/2019.(All non-registered users served via U.S. Mail Service)(jpp)
March 8, 2018 Opinion or Order Filing 26 ORDER (1) Adopting in Part 24 Report and Recommendation; and (2) Granting in Part and Denying in Part Defendant's Motion to Dismiss. The Court adopts in part Judge Dembin's Report and Recommendation. The Court grants in part and denies in part Defendants' Motion to Dismiss as follows: 1. Defendants' Motion to Dismiss Plaintiff's state tort claims is granted and claims four and five are dismissed without prejudice; 2. Defendants' Motion to Dismiss all claims ag ainst Defendant Poirier is granted and the claims are dismissed without prejudice; 3. Defendants' Motion to Dismiss claim one (First Amendment retaliation claim) is granted and the claims are dismissed without prejudice;4. Defendants' Mot ion to Dismiss claims one and two (Eighth Amendment claims) is granted and the claims are dismissed with prejudice; 5. Defendants' Motion to Dismiss claim three (Fourteenth Amendment claim) is denied; 6. Defendants' Motion to Dismiss Plai ntiff's claims for failure to exhaust administrative remedies under the PLRA is denied. The Court grants Plaintiff an extension of time to serve Doe Defendant #1. Finally, because Plaintiff has not served Joe Doe #2 - 4 Defendants with his Complaint, the Court dismisses these Defendants without prejudice pursuant to Federal Rule of Civil Procedure 4(m). Signed by Judge Janis L. Sammartino on 3/8/2018. (All non-registered users served via U.S. Mail Service)(mpl)
February 12, 2018 Opinion or Order Filing 24 REPORT AND RECOMMENDATION of United States Magistrate Judge RE: Defendant's 7 MOTION to Dismiss. Objections to R&R are due by 2/26/2018. Replies are due by 3/5/2018. Signed by Magistrate Judge Mitchell D. Dembin on 2/12/2018. (All non-registered users served via U.S. Mail Service)(mpl)
September 14, 2017 Opinion or Order Filing 14 ORDER Denying 10 Plaintiff's Motion for Appointment of Counsel Pursuant to 28 U.S.C. § 1915(e)(1). Signed by Magistrate Judge Mitchell D. Dembin on 9/14/2017. (All non-registered users served via U.S. Mail Service)(mpl)
June 28, 2017 Opinion or Order Filing 3 ORDER (1) Granting 2 Motion for Leave to Proceed in forma pauperis and (2) Directing US Marshal shall effect service. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee o wed 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 and mailed to Secretary of CDCR). Signed by Judge Janis L. Sammartino on 6/28/2017. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (dxj)
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Plaintiff: David Wilson
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Defendant: Gardiner
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Defendant: Joe Doe #1
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Defendant: Poiter
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Defendant: Joe Does #2-4
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