Tholmer v. Covello et al
| Lionell Tholmer |
| Patrick Covello, Ass. J. Juarez, Skelton and - Taylor |
| 3:2019cv01091 |
| June 11, 2019 |
| US District Court for the Southern District of California |
| Jill L Burkhardt |
| Dana M Sabraw |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 21, 2020. A more recent docket listing may be available from PACER.
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Filing 11
ORDER: 1) Granting #2 Motion to Proceed in forma pauperis 2) Dismissing Complaint for Failing to State a Claim pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b) and 3) Denying Motions for Injunctive Relief and Pretrial Discovery [ECF Nos. #6 , #8 , #10 . The Court GRANTS Plaintiff's Motion to Proceed IFP pursuant to 28 U.S.C. 1915(a) (ECF No. 2); DIRECTS 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); DENIES Plaintiff's Motions for Injunctive Relief (ECF Nos. 6, 10), and Motion for Pretrial Discovery (ECF No. 8); DISMISSES Plaintiff's Complaint for failing to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b), and GRANTS him forty-five (45) days leave from the date of this Order in which to file an Amended Complaint which cures all the deficiencies of pleading. Signed by Judge Dana M. Sabraw on 7/30/2019. (All non-registered users served via U.S. Mail Service)(Order electronically transmitted to Secretary of CDCR)(aef)
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| Filing 10 Second Motion for Injunctive Relief by Lionell Tholmer. Nunc Pro Tunc 7/5/2019 (jms) |
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Filing 9
Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Second Motion for Injunctive Relief, from Plaintiff Lionell Tholmer. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Motion to Proceed IFP [ECF No. #2 ] pending; Complaint requires screening pursuant to 28 U.S.C. 1915(e) and 1915A. Nunc Pro Tunc 7/5/2019. Signed by the Chambers of Judge Dana M. Sabraw on 7/8/2019.(All non-registered users served via U.S. Mail Service)(jms)
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| Filing 8 MOTION for Pretrial Discovery by Lionell Tholmer. Nunc Pro Tunc 7/1/2019.(jms) |
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Filing 7
Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Motion for Pretrial Discovery, from Plaintiff Lionell Tholmer. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document; Per L.R. 36. I (c) and Fed.R.Civ.P. 34(b) -- Requests for discovery, including request for production, are not to be filed with the Court and at this stage are premature;OTHER: Plaintiff's Motion for IFP [ECF No. #2 ] remains pending; Complaint submitted for screening pursuant to 28 U.S.C. 1915(e)(2) and 1915A; no defendant has yet to be served.. Nunc Pro Tunc 7/1/2019. Signed by the Chambers of Judge Dana M. Sabraw on 7/2/2019.(All non-registered users served via U.S. Mail Service)(jms)
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| Filing 6 MOTION for Order Granting Injunctive Relief by Lionell Tholmer. Nunc Pro Tunc 6/24/2019.(jms) |
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Filing 5
Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting Document: Motion for Order Granting Injunctive Relief, from Plaintiff Lionell Tholmer. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Motion for IFP (ECF No. 2) pending; Complaint has been submitted for initial screening per 28 U.S.C. 1915(e)(2) and 1915A. Nunc Pro Tunc 6/24/2019. Signed by the Chambers of Judge Dana M. Sabraw on 6/25/2019.(All non-registered users served via U.S. Mail Service)(jms)
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Filing 4
Notice of Document Discrepancies and Order Thereon by Judge Dana M. Sabraw Accepting, from Plaintiff Lionell Tholmer. Non-compliance with local rule(s), Initial case filings (42 U.S.C. 1983 Complaint, Motion to Proceed In Forma Pauperis, etc.) exceed the page limitations set by S.D. Cal. CivLR 8.2(a) and S.D. Cal. General Order 653A, and are not accompanied by a properly supported Motion to Exceed page limitations or Motion for Emergency Relief from General Order 653A. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Dana M. Sabraw on 6/17/2019.(All non-registered users served via U.S. Mail Service)(jms)
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| Filing 3 Prisoner Trust Fund Account Statement by Lionell Tholmer. (jms) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Lionell Tholmer. (jms) |
| Filing 1 COMPLAINT with Jury Demand against Patrick Covello, J. Juarez, Skelton, Taylor, filed by Lionell Tholmer.($400 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet, #2 CDCR Cover Sheet)The new case number is 3:19-cv-1091-DMS-JLB. Judge Dana M. Sabraw and Magistrate Judge Jill L. Burkhardt are assigned to the case.[Case in Screening per 28 USC 1915] (jms) (jao). |
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