Starkey v. Hernandez et al
Plaintiff: Adam Michael Starkey
Defendant: Edward Hernandez, California Department of Corrections and Centinela State Prison
Case Number: 3:2017cv01158
Filed: June 8, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: Imperial
Presiding Judge: Karen S. Crawford
Presiding Judge: Janis L. Sammartino
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 pr Prisoner Civil Rights
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 21, 2022 Opinion or Order Filing 104 ORDER Granting 103 Joint Motion to Dismiss. Good cause appearing, the Court GRANTS the Joint Motion. As stipulated by the Parties, the Court DISMISSES WITH PREJUDICE this action in its entirety. Each Party shall bear his own costs and attorneys fees. The Clerk of the Court shall close the file. Signed by Judge Janis L. Sammartino on 3/21/2022. (tcf)
November 9, 2021 Opinion or Order Filing 101 ORDER Setting Deadline for Filing of Joint Motion for Dismissal. The Parties SHALL FILE a joint motion for dismissal with the Court, and a separate proposed order for dismissal e-mailed to the Court's efile e-mail address, on or before 3/15/2022 . If a joint motion for dismissal and proposed order thereon cannot be provided on or before the date indicated above, the Parties shall file a joint status report at least one court day before the date indicated above to explain the reasons therefor. Signed by Judge Janis L. Sammartino on 11/9/2021. (tcf)
November 2, 2021 Opinion or Order Filing 99 ORDER (1) Vacating Status Hearing and (2) Ordering Joint Status Report. In light of the Parties' representation that they have reached a mutual agreement to settle this matter, see ECF No. 97 , the Court VACATES the status hearing scheduled for 11/4/2021. The Court ORDERS the Parties to file a joint status report updating the Court on the status of the proposed settlement agreement. The status report must be filed on or before 11/4/2021. Signed by Judge Janis L. Sammartino on 11/1/2021. (tcf)
June 24, 2021 Opinion or Order Filing 92 ORDER Allowing Confidential Phone Call Between Plaintiff and his Counsel [Doc. No. 91 ]. Signed by Magistrate Judge Karen S. Crawford on 6/23/2021. (tcf)
February 23, 2021 Opinion or Order Filing 86 ORDER Allowing Confidential Phone Call Between Plaintiff and his Counsel [Doc. No. 85 ]. Signed by Magistrate Judge Karen S. Crawford on 2/23/2021. (tcf)
April 24, 2019 Opinion or Order Filing 47 ORDER granting in part and denying in part 38 Defendant's Motion for Summary Judgment. Signed by Judge Janis L. Sammartino on 4/24/2019. (All non-registered users served via U.S. Mail Service)(jpp)
November 21, 2018 Opinion or Order Filing 40 ORDER Denying Plaintiff's 28 Motion to Appoint Counsel and Denying Plaintiff's Motion to Compel Discovery. Signed by Magistrate Judge Karen S. Crawford on 11/21/18. (All non-registered users served via U.S. Mail Service)(dlg)
May 31, 2018 Opinion or Order Filing 25 ORDER Granting In Part and Denying In Part Plaintiff's 23 Motion to Take Deposition of Defendant Edward Hernandez and C.S.P. Associate Warden S. Mcclain. It is hereby ordered, that plaintiff shall file proof of the financial means necessary to pay for the deposition of defendant Edward Hernandez within fourteen (14) days of the date of this order. It is further ordered, that plaintiff's request for an oral deposition of C.S.P. Associate Warden S. McClain is denied. Signed by Magistrate Judge Karen S. Crawford on 5/31/2018. (All non-registered users served via U.S. Mail Service)(mpl)
November 29, 2017 Opinion or Order Filing 13 ORDER Denying 12 Motion for Appointment of Counsel. Signed by Magistrate Judge Karen S. Crawford on 11/29/2017. (All non-registered users served via U.S. Mail Service)(mpl)
August 1, 2017 Opinion or Order Filing 4 ORDER: (1) Granting 3 Motion to Proceed In Forma Pauperis; (2) Dismissing Defendants; and (3) Directing US Marshal to Effect Service Upon Named Defendants. It is ordered that the Court dismisses Defendants California Department of Corrections an d Centinela State Prison as parties to this case based on Plaintiffs failure to state a claim against them pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b). The Secretary of the CDCR, or his designee, is ordered to collect from Plaint iff's prison trust account the $350 filing fee owed in this case by garnishing monthly payments from his account in an amount equal to 20% of the preceding month income and forwarding those 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). Signed by Judge Janis L. Sammartino on 8/1/2017. (All non-registered users served via U.S. Mail Service)(CDCR Served)(dxj)
June 29, 2017 Opinion or Order Filing 2 ORDER DISMISSING CIVIL ACTION without Prejudice for Failing to Pay Filing Fee Required by 28 U.S.C. § 1914(a) and/or Failing to Move to Proceed in Forma Pauperis Pursuant to 28 U.S.C. § 1915(a). Signed by Judge Janis L. Sammartino on 6/29/2017. ( Court providing Plaintiff with this Court's approved form Motion and Declaration in Support of Motion to Proceed In Forma Pauperis.) (All non-registered users served via U.S. Mail Service) (fth).
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Plaintiff: Adam Michael Starkey
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Defendant: Edward Hernandez
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Defendant: California Department of Corrections
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Defendant: Centinela State Prison
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