January 31, 2020 |
Filing
172
REPORT AND RECOMMENDATION for Order: Granting Plaintiff's Motion for Voluntarily Dismiss Defendant Voon, and Denying as Moot Defendant Voong's Motion to Dismiss Plaintiff's Third Amended Complaint (ECF 164 , 171 ). No later than Fe bruary 14, 2020, any party to this action may file written objections and serve a copy on all parties. Any Reply to the Objections shall be filed with the Court and served on all parties no later than February 28, 2020. Signed by Magistrate Judge Allison H. Goddard on 1/31/20.(All non-registered users served via U.S. Mail Service)(dlg)
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October 9, 2019 |
Filing
167
ORDER denying Plaintiff's 166 Motion for Reconsideration re 156 Order on Motion to Appoint Counsel. Plaintiff's motion for reconsideration is untimely. Plaintiff has not met the standard for reconsideration, mere disagreement with the Court's decision is not sufficient grounds for reconsideration. Signed by Magistrate Judge Allison H. Goddard on 10/9/2019. (All non-registered users served via U.S. Mail Service)(jah)
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September 17, 2019 |
Filing
162
ORDER Dismissing in Part Third Amended Complaint. Court dismisses 160 Third Amended Complaint against Defendants Freund, Merritt, Zhang, and Khamooshian. The dismissal of these Defendants is with prejudice. The Complaint may proceed against Defendant M. Voong. Defendant Voong must answer to the Third Amended Complaint by 10/8/2019. Signed by Judge Cynthia Bashant on 9/17/2019. (All non-registered users served via U.S. Mail Service) (jah)
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August 30, 2019 |
Filing
159
ORDER Dismissing Second Amended Complaints. (ECF No. 153 , 155 ) The Court DISMISSES both of Plaintiff's second amended complaints and grants Plaintiff leave to file one complaint that contains all of his allegations against all relevant Defen dants. Plaintiff may file an amended complaint on or before September 30, 2019. If Plaintiff does not file an amended complaint by this date, his case will be dismissed for failure to prosecute. Signed by Judge Cynthia Bashant on 8/30/2019. (All non-registered users served via U.S. Mail Service) (tcf)
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July 15, 2019 |
Filing
144
ORDER granting Defendants Zhang, Khamooshian, Freund, Merritt, and Voong's 108 Motion to Dismiss Plaintiff's First Amended Complaint, 109 Motion to Dismiss for Failure to State a Claim, 117 Motion to Dismiss for Failure to State a Claim, 122 Motion to Dismiss for Failure to State a Claim, and 133 Motion to Dismiss for Failure to State a Claim; denying as moot Defendants Parnell and Wilson's 124 Motion to Dismiss for Invalid Service of Summons. Court dismisses Plaintiff's First Amended Complaint in its entirety. Court grants Plaintiff leave to file an amended complaint by 8/16/2019. Signed by Judge Cynthia Bashant on 7/15/2019. (All non-registered users served via U.S. Mail Service) (jah)
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January 28, 2019 |
Filing
89
ORDER ADOPTING REPORT AND RECOMMENDATION. Court adopts 71 Report and Recommendation and grants Defendant Zhang's 37 Motion to Dismiss for Failure to State a Claim and Defendant K Khamooshian's 41 Motion to Dismiss for Failure to State a Claim. Court grants Plaintiff leave to amend his Complaint. Plaintiff may file an amended complaint by 2/28/2019. Signed by Judge Cynthia Bashant on 1/28/2019. (All non-registered users served via U.S. Mail Service) (jah)
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January 7, 2019 |
Filing
82
ORDER Denying 81 Plaintiff's Motion. The Court DENIES Plaintiff's request to stay ruling on the R&R. Plaintiff's objections must be filed on or before 1/25/2019. As to Plaintiffs other requests, first, he has given no valid reasonin g why he should be granted emergency relief regarding his safety concerns. Further, the requests appear to be unrelated to the allegations in the Complaint. Plaintiff may not bring new allegations into his suit through a motion for emergency relief. The Court DENIES WITHOUT PREJUDICE this request. Second, as to Plaintiff's request for a protective order, a request for medication is not properly a request for a "protective order" a protective order governs confidentiality of disco very. Further, again, it is unclear how the request is connected to Plaintiff's case or even if Defendants in this case are involved in the alleged withholding of medication. Plaintiff may not simply file any request that is unconnected to the allegations in the Complaint. The Court DENIES WITHOUT PREJUDICE the motion for protective order. Signed by Judge Cynthia Bashant on 1/7/2019. (All non-registered users served via U.S. Mail Service)(acc)
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November 8, 2018 |
Filing
71
REPORT AND RECOMMENDATION of United States Magistrate Judge Re: Defendants' Motions to Dismiss (ECF Nos. 37 , 41 ). It is recommended that: Defendants' Motions be granted and all claims in the Complaint be dismissed without prejudice. Objections to R&R due by 11/23/2018 Replies due by 11/30/2018. Signed by Magistrate Judge Mitchell D. Dembin on 11/8/2018. (All non-registered users served via U.S. Mail Service) (jdt)
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December 6, 2017 |
Filing
13
ORDER: (1) Denying 8 Motion to Excuse Exhaustion and (2) Dismissing Civil Action for Failure to Pay Filing Fees Required by 28 U.S.C. § 1914(a). Signed by Judge Cynthia Bashant on 12/6/2017. The court grants Plaintiff forty-five (45) days le ave from the date of this Order to re-open his case by: (a) prepaying the entire $400.00 civil filing and administrative fee in full or (b) completing and filing a Motion to Proceed IFP which includes both the affidavit and the certified copies of his trust account statement for the 6-month period preceding the filing of his complaint. (All non-registered users served via U.S. Mail Service)(mxn)
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October 5, 2017 |
Filing
4
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/5/2017 TRANSFERRING this matter to the USDC for the Southern District of California. CASE CLOSED.(Yin, K) [Transferred from California Eastern on 10/6/2017.]
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