Dragasits v. Rucker et al
| Stephen Dragasits |
| T. Rucker, Figueros, L. Marshall and K. Mitchell |
| 3:2018cv00512 |
| March 8, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| William Q. Hayes |
| Andrew G. Schopler |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
107
REPORT AND RECOMMENDATION (AGS): The Court recommends that defendants' motion for summary judgment (ECF 88 ) be granted in part and denied in part. Objections are due fourteen days after service. The party receiving an objection has 14 days to file any response. Signed by Magistrate Judge Andrew G. Schopler on 08/19/2022. (All non-registered users served via U.S. Mail Service)(mxa)
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Filing
98
ORDER Denying Plaintiff's 91 Motion to Compel Discovery and to Appoint Counsel. Signed by Magistrate Judge Andrew G. Schopler on 10/8/2021. (All non-registered users served via U.S. Mail Service)(ag)
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Filing
94
ORDER Denying 86 Plaintiff's Motion for Reconsideration. Signed by Magistrate Judge Andrew G. Schopler on 9/20/21. (All non-registered users served via U.S. Mail Service)(sxa)
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Filing
41
ORDER: The Report and Recommendation (ECF No. 17 ) is adopted in its entirety. Defendants' Motion to Dismiss Count 1 (Eighth Amendment deliberate indifference) is denied. Defendants' Motion to Dismiss Count 3 (medical malpractice) is deni ed as moot. Defendants' Motion to Dismiss Count 3 (violation of California Government Code § 845.6) is granted without prejudice. Defendants' Motion to Dismiss Count 4 (declaratory and injunctive relief pursuant to Article I, § 67; 15 and 17 of the California Constitution) is denied. Defendants' Motion to Dismiss Count 4 (monetary damages pursuant to Article I, §§ 15 and 17 of the California Constitution) is granted with prejudice. The Motion for leave to Ame nd Complaint filed by Plaintiff (ECF No. 38 ) is denied as moot. Plaintiff shall file a Motion for Leave to File a Third Amended Complaint on or before 3/13/2020. Signed by Judge William Q. Hayes on 2/13/2020.(All non-registered users served via U.S. Mail Service)(ag)
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Filing
39
REPORT and RECOMMENDATION (AGS): The Court recommends that defendants' Motion to Dismiss (ECF No. 29 ) be granted in part and denied in part. The Court further recommends plaintiff's Motion to Amend (ECF No. 38 ) be denied as moot. Objections are due 14 days after service; replies are due 14 days after any objection is filed. Signed by Magistrate Judge Andrew G. Schopler on 01/17/2020. (All non-registered users served via U.S. Mail Service) (mxa)
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Filing
19
ORDER: (1) Dismissing Defendants; and (2) Directing USMS to Effect Service of Second Amended Complaint. The Court: Dismisses Defendants Paramo, Stratton, Rojas, Stout, Frost, Aguirre, Voong, Liu, Sosa, and Azente from this action. Directs the Clerk to issue a summons as to Plaintiff's SAC (ECF No. 18 ) for Defendants Rucker, Figueroa, Marshal, and Mitchell. Orders the U.S. Marshal to serve a copy of the SAC and summons upon the Defendants as directed by Plaintiff. Signed by Judge William Q. Hayes on 02/06/2019.(All non-registered users served via U.S. Mail Service) (cc: USM) (ajs)
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Filing
12
ORDER DISMISSING First Amended Complaint for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b) and for Failing to Comply With FRCP 8. The Court Grants Plaintiff thirty (30) days leave from the date of this Order to file an Amended Complaint which cures all the deficiencies of pleading noted. Signed by Judge William Q. Hayes on 09/05/2018. (Plaintiff served copy of this Order and blank civil rights complaint form via U.S. Mail Service)(ajs)
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Filing
7
ORDER: 1) Granting 2 Request to Proceed In Forma Pauperis; 2) Dismissing Claims for Failure to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2) AND § 1915A(b). The Secretary CDCR, or his designee, is ordered to collect from prison trust a ccount 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). The Court Dismisses Plaintiff's claims against Defendants Paramo, Stratton, Rojas, Stout, Frost, Aguirre, Sosa, Voong and Liu. The Court Grants Plainti ff forty-five (45) days leave from the date of this Order in which to either: (1) Notify the Court of the intention to proceed with the claims against Rucker, Figueroa, Marshal, and Mitchell only; or (2) File an Amended Complaint (Order electronically transmitted to Secretary of CDCR). Signed by Judge William Q. Hayes on 05/10/2018. (Plaintiff served copy of this Order and blank civil rights complaint form via U.S. Mail Service)(ajs)
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