Kelly v. Warden et al
| Patrick Kelly |
| Warden, Director of CDCR, W.L. Montgomery, B. Hedrick, R. Buckel, Scott Kernan, M. Voong and K.J. Allen |
| 3:2017cv01998 |
| September 28, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| Imperial |
| Larry Alan Burns |
| Nita L. Stormes |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
19
ORDER Modifying Report and Recommendation, and Adopting Report and Recommendation as Modified (ECF No. 17 ); and Order Granting in Part and Denying in Part Motion to Dismiss (ECF No. 11 ). Having conducted a de novo review of the matters Defendants object to (ECF No. 18 ), the Court overrules those objections. The R&R is deemed modified to include the additional analysis and clarifications this order has identified. So modified, the R&R is adopted. All claims against Secretary Kernan are dism issed without leave to amend. Claims against all Defendants in their individual capacities are dismissed with prejudice. As to Defendants Montgomery, Hedrick, Buckel, Allen, and Voong in their official capacities only, the motion is denied. Signed by Judge Larry Alan Burns on 8/10/2018. (All non-registered users served via U.S. Mail Service)(jdt)
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Filing
17
REPORT AND RECOMMENDATION re 11 MOTION to Dismiss Complaint. This Court recommends: The motion to dismiss all claims against Secretary Kernan be granted; the motion to dismiss as to defendants Buckel, Allen, and Voong be denied; the moti on to dismiss claims alleged against any defendant in his individual capacity be granted and the individual capacity claims be dismissed with prejudice; that Defendants Montgomery, Hedrick, Buckel, Allen, and Voong, in only their official capacities, be directed to file an answer. Objections to R&R due by 6/8/2018 Replies due by 6/15/2018. Signed by Magistrate Judge Nita L. Stormes on 5/24/2018.(All non-registered users served via U.S. Mail Service)(jdt)
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Filing
3
ORDER: 1) Granting Motion to Proceed In Forma Pauperis [ECF No. 2 ]; and 2) Directing U.S. Marshal to Effect Service Upon Defendants Pursuant to 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3). The Secretary CDCR, or his designee, is ordered t o collect from prison trust 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 payme nts 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 Larry Alan Burns on 10/13/2017. (All non-registered users served via U.S. Mail Service)(Copy sent to Secretary of CDCR) (Certified Copy to USM) (lrf)
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