McGinn v. Federal Bureau of Prisons et al
| Deven McGinn |
| Federal Bureau of Prisons, Merrick B. Garland, U.S. Department of Justice, Colette S. Peters, Rear Admiral Chris Bina and Catricia Howard |
| 3:2022cv01920 |
| December 6, 2022 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| Anthony J Battaglia |
| Allison H Goddard |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1346 U.S. Defendant |
| None |
Docket Report
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This docket was last retrieved on January 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 Minute Order for proceedings held before Judge Anthony J. Battaglia: Motion Hearing held on 1/30/2023. The Court denies as moot #19 MOTION for Preliminary Injunction filed by Deven McGinn. Plaintiff counsel indicates the parties plan to dismiss the case upon return of defendant to San Diego. Status Conference set for 2/13/2023 at 02:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. Hearing will be vacated if the parties submit a stipulation for dismissal before 2/13/2023. (Court Reporter/ECR Amanda LeGore). (Plaintiff Attorney Kimberly Trimble).(Defendant Attorney Valerie Torres). (no document attached) (lrf) |
Filing 35
Order Granting Defendants' Motion to File under Seal Supplemental Declaration of Dean Cutillar. Signed by Judge Anthony J. Battaglia on 1/30/2023. (jrm)
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| Filing 34 STATUS REPORT and Joint Request to Vacate January 30, 2023 Hearing by Chris Bina, Federal Bureau of Prisons, Merrick B. Garland, Catricia Howard, Colette S. Peters, U.S. Department of Justice. (Torres, Valerie) (jrm). |
| Filing 33 SEALED LODGED Proposed Document re: #32 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Torres, Valerie)(jrm). Filed at Doc. 36 on 1/30/2023 (jrm). |
| Filing 32 MOTION to File Documents Under Seal (Torres, Valerie) (jrm). |
| Filing 31 NOTICE Regarding Plaintiff's Competency Restoration Process by Chris Bina, Federal Bureau of Prisons, Merrick B. Garland, Catricia Howard, Colette S. Peters, U.S. Department of Justice (Torres, Valerie) (jrm). |
| Filing 30 REPLY to Response to Motion re #19 MOTION for Preliminary Injunction filed by Deven McGinn. (Attachments: #1 Exhibit 1 - Email chain, #2 Exhibit 2 - Eaton Declaration, #3 Exhibit 3 - Outpatient programs)(Trimble, Kimberly)(jrm). |
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Filing 28
Order Granting Defendants Motion to File Under Seal Declaration of Dean Cutillar. Signed by Judge Anthony J. Battaglia on 1/23/2023. (jrm)
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| Filing 27 SEALED LODGED Proposed Document re: #26 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Torres, Valerie) Filed at Doc. 29 on 1/23/2023 (jrm). |
| Filing 26 MOTION to File Documents Under Seal (Torres, Valerie) |
| Filing 25 RESPONSE in Opposition re #19 MOTION for Preliminary Injunction filed by Chris Bina, Federal Bureau of Prisons, Merrick B. Garland, Catricia Howard, Colette S. Peters, U.S. Department of Justice. (Attachments: #1 Exhibit A, #2 Exhibit B)(Torres, Valerie) |
| Filing 24 AFFIDAVIT of Service for Summons, Complaint, Civil Case Cover Sheet served on Federal Bureau of Prisons,Rear Admiral Chris Bina Collette S. PetersMerrick B. Garland, on 1/11/2023, filed by Deven McGinn. (Trimble, Kimberly)(ave). |
| Filing 23 Corrected Minute Order for proceedings held before Judge Anthony J. Battaglia: Miscellaneous Hearing held on 1/5/2023. The Court finds as moot #4 Motion to File Documents Under Seal; grants #17 MOTION to File Documents Under Seal. Oral motion to amend briefing schedule re #19 MOTION for Preliminary Injunction - granted. Responses due by 1/20/2023. Replies due by 1/23/2023. Motion Hearing set for 1/30/2023 at 03:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Kimberly Trimble).(Defendant Attorney Valerie Torres). (no document attached) (lrf) Modified on 1/6/2023 (lrf). |
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Filing 20
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #19 MOTION for Preliminary Injunction : Responses due by 1/13/2023; Replies due by 1/20/2023; sur-replies will not be accepted. Motion Hearing set for 3/16/2023 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
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| Filing 19 MOTION for Preliminary Injunction by Deven McGinn. (Attachments: #1 Memo of Points and Authorities)(Trimble, Kimberly) (jrm). |
| Filing 18 SEALED LODGED Proposed Document re: #17 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Trimble, Kimberly)(jrm). |
| Filing 17 MOTION to File Documents Under Seal (Trimble, Kimberly) (jrm). |
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Filing 16
ORDER denying #15 Motion to Reconsider Denial of Motion for Temporary Restraining Order filed by Deven McGinn. Signed by Judge Cynthia Bashant on 12/12/2022. (sjt)
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| Filing 15 Emergency MOTION for Reconsideration Denial of Motion for Temporary Restraining Order by Deven McGinn. (Attachments: #1 Exhibit Declaration Of Blake J. Eaton, #2 Exhibit Declaration Of Kimberly S. Trimble)(Trimble, Kimberly)(jrm). |
| Filing 14 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (alns) |
| Filing 13 RESPONSE re #8 Notice (Other),, Opposition To Request for Non-Expedited Briefing Schedule filed by Deven McGinn. (Trimble, Kimberly) (jpp). |
| Filing 12 NOTICE OF WITHDRAWAL OF DOCUMENT 9 by Deven McGinn . (Trimble, Kimberly) (jpp). |
| Filing 11 MINUTE ORDER OF TRANSFER. Judge Cynthia Bashant is no longer assigned. Case reassigned (related case) to Judge Anthony J. Battaglia for all further proceedings. The new case number is 22CV1920-AJB-AHG.(no document attached) (alns) |
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Filing 10
ORDER denying #3 Motion for TRO; granting #6 Motion for Leave to Proceed in forma pauperis. ( Miscellaneous Hearing set for 1/5/2023 02:30 PM in Courtroom 4A before Judge Anthony J. Battaglia.). Signed by Judge Cynthia Bashant on 12/9/2022. (alns) (jms).
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| Filing 9 WITHDRAWN PER #12 - RESPONSE re #8 Notice (Other),, Opposition To Request for Non-Expedited Briefing Schedule filed by Deven McGinn. (Trimble, Kimberly) QC Mailer sent for missing attorney signature. (alns). |
| Filing 8 NOTICE of Intent to Oppose Motion for Temporary Restraining Order and Request for Non-Expedited Briefing Schedule by Chris Bina, Federal Bureau of Prisons, Merrick B. Garland, Catricia Howard, Colette S. Peters, U.S. Department of Justice re #3 MOTION for Temporary Restraining Order (Torres, Valerie)Attorney Valerie Torres added to party Chris Bina(pty:dft), Attorney Valerie Torres added to party Federal Bureau of Prisons(pty:dft), Attorney Valerie Torres added to party Merrick B. Garland(pty:dft), Attorney Valerie Torres added to party Catricia Howard(pty:dft), Attorney Valerie Torres added to party Colette S. Peters(pty:dft), Attorney Valerie Torres added to party U.S. Department of Justice(pty:dft) (alns). |
| Filing 7 NOTICE OF RELATED CASE(S) by Chris Bina, Federal Bureau of Prisons, Merrick B. Garland, Catricia Howard, Colette S. Peters, U.S. Department of Justice of case(s) 20-cv-1944 . (Torres, Valerie) (alns). |
| Filing 6 Amended MOTION for Leave to Proceed in forma pauperis with Case Number by Deven McGinn. (Trimble, Kimberly) (alns). |
| Filing 5 SEALED LODGED Proposed Document re: #4 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Trimble, Kimberly) QC Mailer sent for wrong document attached, duplicate of ECF #3 . (alns). |
| Filing 4 MOTION to File Documents Under Seal (Trimble, Kimberly)QC Mailer sent for wrong document attached, duplicate of ECF #3 . (alns). |
| Filing 3 MOTION for Temporary Restraining Order by Deven McGinn. (Trimble, Kimberly) (alns). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Deven McGinn. (Trimble, Kimberly) QC Mailer sent for missing case number on document. (alns). |
| Filing 1 COMPLAINT against Chris Bina, Federal Bureau of Prisons, Merrick B. Garland, Catricia Howard, Colette S. Peters, U.S. Department of Justice , filed by Deven McGinn. (Attachments: #1 Civil Cover Sheet)The new case number is 3:22-cv-1920-BAS-AHG. Judge Cynthia Bashant and Magistrate Judge Allison H. Goddard are assigned to the case. (Trimble, Kimberly) (jms). (Main Document 1 replaced on 12/6/2022) (jms). |
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