McCaw v. California Correctional Healthcare Services et al
| Michael McCaw |
| California Correctional Healthcare Services, Ajmel Sangha, T. Kirby, C. Lynch and Harishkumar Patel |
| 3:2017cv02518 |
| December 15, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| Imperial |
| Cynthia Bashant |
| Jill L. Burkhardt |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
37
ORDER DISMISSING Action for Failure to Prosecute. Signed by Judge Cynthia Bashant on 2/18/20.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing
31
ORDER granting in part and denying in part Defendants' 25 Motion to Dismiss for Failure to State a Claim. Court approves and adopts 30 Report and Recommendation in its entirety. Court denies Plaintiff's 19 Motion to Amend/Correct. Plaintiff is granted leave to amend his allegations against Defendant Kirby to correct the deficiencies identified by Judge Burkhardt. Plaintiff may amend to add allegations against Imperial County. Plaintiff may file an amended complaint by 8/30/20 19. If Plaintiff does not file an amended complaint by 8/30/2019, then only Plaintiff's claims against Defendants Sangha and Lynch will remain. Signed by Judge Cynthia Bashant on 7/26/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
30
REPORT AND RECOMMENDATION re 25 MOTION to Dismiss for Failure to State a Claim filed by T. Kirby, Ajmel Sangha, C. Lynch, 19 Amended Complaint filed by Michael McCaw. Court recommends that the District Court construe Plaintiff's 6 /13/2018 filing 19 as a Motion to Amend and deny it. Court recommends that the District Court issue an Order: 1.) adopting this Report and Recommendation, 2.) granting in part and denying in part Defendant's Motion to Dismiss 25 , and 3.) denying Plaintiff's Motion to Amend 19 . Objections to R&R due by 7/17/2019. Replies due by 7/31/2019. Signed by Magistrate Judge Jill L. Burkhardt on 6/26/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
9
ORDER granting 4 Motion for Leave to Proceed in forma pauperis. The Secretary CDCR, or his designee, is ordered to 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 payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). Court dismis ses Defendant Patel from this case without prejudice. Court dismisses Plaintiff's Supplemental Complaint 8 for failure to exhaust his administrative remedies pursuant to 42 USC 1997e. Court dismisses Defendant California Correctional Healthcar e Services for failing to state a claim and seeking monetary damages against an immune defendant pursuant to 28 USC 1915(e)(2) and 1915A(b). Court directs the Clerk to issue summons as to Plaintiff's Complaint 1 and Supplemental Complaint. 3 . Court orders the US Marshal to effect service of Complaint and Supplemental Document in support of the Complaint. Court denies Plaintiff's request for a preliminary injunction at this time. Signed by Judge Cynthia Bashant on 4/3/2018. (Order electronically transmitted to Secretary of CDCR) (IFP Package prepared) (All non-registered users served via U.S. Mail Service) (jah)
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Filing
5
ORDER Denying 4 Motion for Leave to Proceed in Forma Pauperis; and Dismissing Civil Action for Failing to Pay Filing Fee. The Court grants Plaintiff 45 days leave from the date of this Order to re-open this case by: (a) prepaying the entire &# 036;400 civil filing and administrative fee required by in full; or (b) completing and filing a motion to proceed IFP that includes both the affidavit and the certified copies of his trust account statement for the 6-month period preceding the filing of his Complaint. Plaintiff must take either action no later than February 19, 2018. Signed by Judge Cynthia Bashant on 1/5/18. (All non-registered users served via U.S. Mail Service)(dlg)
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