Washington v. R.J. Donovan Correctional Facility et al
Tracye Benard Washington |
R.J. Donovan Correctional Facility, Daniel Paramo, O'Dell, O. Mack, M. Costello, Bermudez, L. Urban, Buenostro, P. Jones, John Doe, Jane Doe, Nunez, A. Ruelas and N. Scharr |
3:2017cv01615 |
August 10, 2017 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Michael M. Anello |
Peter C. Lewis |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
Plaintiff |
Available Case Documents
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Filing 58 ORDER Granting 48 Plaintiff's Request for Extension of Time to File; Granting 50 Plaintiff's Motion to Amend Complaint; and Granting in Part 52 Plaintiff's Request for an Order Directing Service by the U.S. Marshal. The Court di rects the Clerk to issue a summons as to Plaintiff's First Amended Complaint (doc. 55) and forward it to Plaintiff, along with a blank U.S. Marshal Form 285 for each of the remaining Defendants. In addition, the Clerk will provide Plaintiff with a filed copy of this order, a certified copy of his First Amended Complaint, and the summons, so that he may serve these defendants. The Court orders Defense Counsel to provide identifying information, insofar as obtaining such information is reason able, for the three unserved Defendants in this matter. The Court orders the U.S. Marshal to serve a copy of the First Amended Complaint and Summons upon the remaining Defendants as directed by Plaintiff on the USM Form 285s provided to him. All costs of that service will be advanced by the United States. Signed by Magistrate Judge Ruth Bermudez Montenegro on 10/25/2018. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (rmc) |
Filing 35 ORDER Granting 23 Defendants' Motion to Dismiss Portions of Plaintiff's Complaint; Denying 27 Plaintiff's Motion for Preliminary Injunction. The Court grants defendants' motion to dismiss portions of Plaintiff's complaint . In consideration of the Ninth Circuit's liberal amendment policy, the Court grants Plaintiff leave to file an amended complaint on or before 5/31/2018 in order to cure the deficiencies set forth above with respect to his First Amendment retali ation claims against Defendants Buenostro and Bermudez, his First Amendment access to courts claim against Defendant Buenostro, and his Eighth Amendment conditions of confinement claim against Defendants Urban and Ruelas. The Court denies Plaintiff's motion for a preliminary injunction. Signed by Judge Michael M. Anello on 4/25/2018. (All non-registered users served via U.S. Mail Service)(rmc) |
Filing 11 ORDER: 1) Granting 5 Motion to Proceed in Forma Pauperis 2) Sua Sponte Dismissing Selected Claims and Defendants Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A(b)(1) and 3) Directing U.S. Marshal to Effect Service Upon Remaining D efendants Pursuant to 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3). US Marshal shall effect service of complaint. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee ow ed 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 6;10 in accordance with 28 USC 1915(b)(2). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Michael M. Anello on 10/17/2017. (IFP package prepared) (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (ag) |
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