Castaneda v. CDCR et al
| Jesus Barilla Castaneda |
| CDCR, Daniel Paromo, P. Brocamonte, E. Garcia, Andrew M. Gibson, C. Stuart, B. Vogel, S. Anderson, J. McGee, Caniman, B. Self, Mencias, W. Tucker, Givens, Romero, Valdovinos, Renteria, Kang, Duncan, A. Espinoza, Archulleta, R. Centeno, Duran, Casas, Keyes, S. Rink, J. Davies, J. Melgoza, D. Hampton, C. Frost, Hannon, Aguire, Barenchi, Ortegama, A. Shepherd, Ayran, Tenoria, M. Glynn and G. Lewis |
| 3:2018cv01018 |
| May 21, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| Monterey |
| Larry Alan Burns |
| Bernard G. Skomal |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
20
ORDER Granting Plaintiff's Request for Voluntary Dismissal (Dkt. 19 ). The clerk is directed to close the file. Signed by Chief Judge Larry Alan Burns on 8/8/2019. (All non-registered users served via U.S. Mail Service) (jdt)
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Filing
15
ORDER (1) Dismissing Claims and Defendants Pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b)(1); and (2) Directing U.S. Marshal to Effect Service of Remaining Defendants in Second Amended Complaint Pursuant to 28 U.S.C. § 1915(d) and F ed. R. Civ. P. 4(c)(3). The Court dismisses Plaintiff's claims against all named Defendants with the exception of Valdovinos, Romero, Tenoria, Tucker, Glynn, and Ayran for failing to state a claim pursuant to 28 U.S.C. § 1915(e)(2) and 7; 1915A(b); directs the Clerk to issue a summons as to Defendants Valdovinos, Romero, Tenoria, Tucker, Glynn, and Ayran found in Plaintiff's SAC (ECF No. 14) and forward it to Plaintiff along with a blank U.S. Marshal Form 285 for each Defendan t. In addition, the Clerk will provide Plaintiff with a certified copy of the July 17, 2018 Order granting Plaintiff IFP status, a certified copy of his SAC, and the summons so that he may serve Defendants Valdovinos, Romero, Tenoria, Tucker, Glynn, and Ayran. Signed by Judge Larry Alan Burns on 1/2/2019.(All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (rmc)
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Filing
10
ORDER: 1) Dismissing First Amended Complaint Pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b)(1); and 2) Denying Motion for Extension of Time as Moot (ECF No. 7 ). The Court dismisses Plaintiff's claims against all named Defendants w ith the exception of Valdovinos for failing to state a claim. The Court grants Plaintiff 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 Valdovinos on ly; or (2) File an Amended Complaint which cures all the deficiencies of pleading noted. The Court directs the Clerk of the Court to provide Plaintiff with a blank copy of its form Complaint under the Civil Rights Act, 42 U.S.C. § 1983. Signed by Judge Larry Alan Burns on 10/2/2018. (All non-registered users served via U.S. Mail Service)(Copy of this order and a blank from Complaint under the Civil Rights Act, 42 U.S.C. § 1983 sent via U.S. Mail to Plaintiff.)(jdt)(jrd)
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Filing
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ORDER: 1) Granting Motion for Leave to Proceed in forma pauperis and to Exceed Page Limits (ECF Nos. 2 and 3 ); and 2) Dismissing Claims and Defendants Pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b)(1). The Secretary CDCR, or his desi gnee, 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). ALL PAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. The Court dismisses Pl aintiff's claims all named Defendants with the exception of Tucker, Caniman, McGee, Rink, Givens, Garcia, Espinoza, Renteria, Romero and Valdovinos for failing to state a claim pursuant to 28 U.S.C. § 1915 (e)(2) and § 1915A(b). The Co urt grants Plaintiff 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 Tucker, Caniman, McGee, Rink, Givens, Garcia, Espinoza, Renteria, Romero and Vald ovinos only; or (2) File an Amended Complaint which cures all the deficiencies of pleading noted. The Court directs the Clerk of the Court to provide Plaintiff with a blank copy of its form Complaint under the Civil Rights Act, 42 U.S.C. § 1983 for Plaintiff's use and to assist him in complying with LR 8.2.a's requirements. (Order electronically transmitted to Secretary of CDCR). Signed by Judge Larry Alan Burns on 7/16/2018. (Blank copy of Complaint under the Civil Rights Act, 42 U.S.C. § 1983 form sent to Plaintiff via U.S. Mail.) (All non-registered users served via U.S. Mail Service) (jdt)
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