Atwood II v. United States of America et al
Petitioner: David Garland Atwood II
Respondent: U.S. Probation/San Diego
Case Number: 3:2017cv01320
Filed: June 27, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: Larry Alan Burns
Presiding Judge: William V. Gallo
Nature of Suit: Mandamus and Other
Cause of Action: 28 U.S.C. ยง 1361
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
January 10, 2018 Opinion or Order Filing 26 ORDER granting 25 Motion to Supplement Motion to Dismiss; and Order of Dismissal. The petition is dismissed without prejudice but without leave to amend, both for lack of jurisdiction, and also because Atwood by his non-opposition has consented to its dismissal. All other pending requests are denied as moot and all pending dates are vacated. Signed by Judge Larry Alan Burns on 1/10/2018. (All non-registered users served via U.S. Mail Service)(jdt)
September 11, 2017 Opinion or Order Filing 22 ORDER Denying Without Prejudice 21 Motion for Preliminary Injunction. Atwood has not yet properly served the Defendant, and has not shown why it would be appropriate to grant relief without giving the Defendant a chance to oppose his request. He has also not shown why either of the two standardsfor issuance of a preliminary injunction is satisfied. For these reasons, his motion is denied without prejudice. Signed by Judge Larry Alan Burns on 9/11/2017. (All non-registered users served via U.S. Mail Service)(lrf)
August 21, 2017 Opinion or Order Filing 16 ORDER Denying 15 Motion for Leave to File Reply Under Seal; and Order Denying without Prejudice 4 Motion for Expedited Hearing. Signed by Judge Larry Alan Burns on 8/18/2017. (All non-registered users served via U.S. Mail Service)(lrf) (sjt).
July 31, 2017 Opinion or Order Filing 11 ORDER Screening Complaint; and Order Requiring U.S. Marshal's Service to Serve Defendants. The United States itself is not a proper Defendant, claims against the United States are therefore dismissed. Accordingly, the Court finds that the Compla int survives screening as to claims against this District's Probation Office. The Court orders the U.S. Marshals Service to serve a copy of the Complaint (Docket no. 1 ), Summons, Supplemental Briefing (Docket no. 10 ), and this Order on the U. S. Probation Office for the Southern District of California, as directed by Plaintiff on U.S. Marshal Form 285. Signed by Judge Larry Alan Burns on 7/28/2017. (United States of America terminated)(IFP Package Prepared and Mailed to Petitioner)(New Summons Prepared)(All non-registered users served via U.S. Mail Service)(lrf)
July 5, 2017 Opinion or Order Filing 5 ORDER Granting 2 Motion to Proceed in Forma Pauperis; and Order Requiring Plaintiff to File Supplemental Briefing. Signed by Judge Larry Alan Burns on 7/3/2017. (All non-registered users served via U.S. Mail Service)(lrf)
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Petitioner: David Garland Atwood II
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Respondent: U.S. Probation/San Diego
Represented By: U S Attorney CV(Designation Assistant United States Attorney)
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