Diaz v. McGee et al
Plaintiff: Ronald C. Diaz
Defendant: N. McGee, S. Ruthledge, D. Holbrook, J. Wilborn, Calvert and Richard J. Donovan Correctional Facility
Case Number: 3:2017cv01772
Filed: August 31, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: Los Angeles
Presiding Judge: Larry Alan Burns
Presiding Judge: Barbara Lynn Major
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
February 21, 2018 Opinion or Order Filing 15 ORDER denying 12 Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. P. 59(e). Signed by Judge Larry Alan Burns on 2/20/2018. (All non-registered users served via U.S. Mail Service)(jdt)
January 29, 2018 Opinion or Order Filing 9 ORDER (1) Vacating Judgment 8 ; and (2) Dismissing 6 Second Amended Complaint for Failing to State a Claim. Good cause appearing, the Court:1. Vacates the Clerk's Judgment entered on 1/17/2018 pursuant to Fed.R.Civ.P. 60(a); 2. Dismisses Pla intiff's Second Amended Complaint in its entirety for failing to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b). Because the Court finds further amendment futile, leave to amend is denied. Signed by Judge Larry Alan Burns on 1/26/2018.(All non-registered users served via U.S. Mail Service)(jdt)
January 16, 2018 Opinion or Order Filing 7 ORDER DISMISSING Civil Action for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b) and for Failing to Prosecute in Compliance With Court Order Requiring Amendment. The case is dismissed without prejudice. Signed by Judge Larry Alan Burns on 1/12/2018.(All non-registered users served via U.S. Mail Service)(jdt)
November 13, 2017 Opinion or Order Filing 5 ORDER DISMISSING First Amended Complaint for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A. The Court dismisses Plaintiff's First Amended Complaint in its entirety for failing to state a claim upon which relie f may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b), and grants him forty-five (45) days leave from the date of this Order in which to file an Amended Complaint which cures all the deficiencies of pleading noted. Signed by Judge Larry Alan Burns on 11/13/2017. (1983 form mailed to Plaintiff)(All non-registered users served via U.S. Mail Service)(lrf)
September 25, 2017 Opinion or Order Filing 3 ORDER: 1) Granting 2 Motion to Proceed in Forma Pauperis and 2) Dismissing Complaint for Failing to State Claim Pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A. The Secretary CDCR, or his designee, is ordered to collect from prison tru st 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 income credited to the account and forward payments to the Clerk of th e Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). The Clerk of the Court is directed to serve a copy of this Order on Scott Kernan, Secretary, California Department of Corrections and Rehabilitation , P.O. Box 942883, Sacramento, California, 94283-0001. The Court Grants Plaintiff forty-five (45) days leave from the date of this Order in which to file an Amended Complaint which cures all the deficiencies of pleading noted. The Clerk of Court i s directed to mail Plaintiff a copy of a court approved form § 1983 complaint. Signed by Judge Larry Alan Burns on 09/25/2017. (Order electronically transmitted and mailed via U.S. Mail Service to Secretary of CDCR) (Plaintiff served copy of this Order and blank § 1983 complaint form via U.S. Mail Service)(ajs)
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Plaintiff: Ronald C. Diaz
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Defendant: N. McGee
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Defendant: S. Ruthledge
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Defendant: D. Holbrook
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Defendant: J. Wilborn
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Defendant: Calvert
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Defendant: Richard J. Donovan Correctional Facility
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