Markein O. Vernon v. J. Larios et al
| Markein O. Vernon |
| J. Larios, Dion Arguilez, J. Canedo and Marcus A. Pollard |
| 3:2023cv00787 |
| May 1, 2023 |
| US District Court for the Southern District of California |
| Michael S Berg |
| Jinsook Ohta |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 50
MOTION to Appoint Counsel by Markein O. Vernon. (bdc) (sjt).
|
|
Filing 49
Judge Jinsook Ohta and Magistrate Judge Michael S. Berg assigned to transfer case from Central District of California. (All non-registered users served via U.S. Mail Service)(no document attached) (smy1)
|
|
Filing 48
Case transferred in from the Central District of California; Case Number 5:22-cv-01457-SSS-MAA. Original file received electronically.
|
|
Filing 47
ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Sunshine Suzanne Sykes for Report and Recommendation (Issued), #44 IT THEREFORE IS ORDERED that: (1) The Report and Recommendation of United States Magistrate Judge is ACCEPTED; (2) The Motion is GRANTED in part and DENIED in part as follows: a. Defendant's request that the lawsuit be dismissed for improper venue is DENIED; and b. Defendant's alternative request that the lawsuit be transferred to the United States District Court for the Southern District of California is GRANTED; (3) The Clerk is directed to TRANSFER the case to the United States District Court for the Southern District of California. (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 46
FINANCIAL ENTRY: Received $21.39 subsequent payment from plaintiff Markein O. Vernon on 04/14/2023, receipt number #1170, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (jo) [Transferred from California Central on 5/1/2023.]
|
|
Filing 45
NOTICE OF DEFICIENCY Re: REQUEST for Order for Enter Default of M. Larios filed by Plaintiff Markein O. Vernon #35 . The Clerk cannot enter the requested relief as: Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. (et) [Transferred from California Central on 5/1/2023.]
|
|
Filing 44
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE issued by Magistrate Judge Maria A. Audero. Re NOTICE OF MOTION AND MOTION to Dismiss without Prejudice or to Transfer Case for Improper Venue Under Federal Rule 12(B)(3) and 28 U.S.C. Sections 84, 1406(A), and 1404(A) #27 , Complaint (Prisoner Civil Rights), #1 IT IS RECOMMENDED that the District Court issue an Order: 1. Accepting this Report and Recommendation; 2. Granting in part and denying in part the Motion to Dismiss as follows: a. Denying the request to dismiss the lawsuit for improper venue; and b. Granting the alternative request to transfer the lawsuit to the Southern District of California; and 3. Directing the clerk to transfer the case to the Southern District of California. (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 43
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Maria A. Audero. Objections to R&R due by 4/13/2023. (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 42
FINANCIAL ENTRY: Received $62.42 subsequent payment from plaintiff Markein O. Vernon on 03/23/2023, receipt number 218, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (jo) [Transferred from California Central on 5/1/2023.]
|
|
Filing 41
MINUTES (In Chambers): Order Re: Plaintiff's Request for Status Inquiry/Report (ECF No. 40) by Magistrate Judge Maria A. Audero: The Court hereby DENIES the Request as follows: (1) As to Plaintiff's first request for a status update, it is Plaintiff's responsibility to keep abreast of the status of his action. The Court does not have the resources to provide status updates to litigants. Thus, Plaintiff's first request for a status update is DENIED. Nonetheless, this one time only, the Clerk is DIRECTED to provide a copy of the docket for this action to Plaintiff. (2) As to Plaintiff's second request for a Court order that all communications from opposing counsel be in writing, this request should be directed to opposing counsel and not the Court. Thus, Plaintiff's second request is DENIED. [See document for further details.] Denying #40 REQUEST for Order. (Attachments: #1 Attachment.docket) (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 40
REQUEST for Status Inquiry Report filed by Plaintiff Markein O. Vernon.(es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 39
MINUTES (IN CHAMBERS) by Magistrate Judge Maria A. Audero re #38 REQUEST for Appointment of Counsel. Plaintiff's Motion for appointment of counsel is DENIED without prejudice. (See document for details) (vmun) [Transferred from California Central on 5/1/2023.]
|
|
Filing 38
REQUEST for Appointment of Counsel filed by Plaintiff Markein O. Vernon. (dml) [Transferred from California Central on 5/1/2023.]
|
|
Filing 37
FINANCIAL ENTRY: Received $55.35 subsequent payment from plaintiff Markein O. Vernon on 02/22/2023, receipt number LA250669, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (jo) [Transferred from California Central on 5/1/2023.]
|
|
Filing 36
OPPOSITION to REQUEST for Order for Enter Default of M. Larios filed by Plaintiff Markein O. Vernon. #35 filed by Defendant J. Larios. (Alcheck, Shaina) [Transferred from California Central on 5/1/2023.]
|
|
Filing 33
FINANCIAL ENTRY: Received $64.33 subsequent payment from plaintiff Markein O. Vernon on 01/27/2023, receipt number LA249568, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (jo) [Transferred from California Central on 5/1/2023.]
|
|
Filing 35
REQUEST to Enter Default of M. Larios filed by Plaintiff Markein O. Vernon.(es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 34
OPPOSITION TO ORAL ARGUMENT filed by Plaintiff Markein O. Vernon.(es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 32
Text Only Entry by Magistrate Judge Maria A. Audero. On December 30, 2022 Defendant M. Larios ("Defendant") filed a Motion to Dismiss without Prejudice or to Transfer ("Motion," ECF No. #27 ). Plaintiff must file and serve an Opposition to the Motion no later than January 30, 2023. Plaintiff is advised that failure to respond to the Motion may be construed as consent to the granting of the Motion and may result in dismissal of the action. See C.D. Cal. L.R. 7-12. Defendant may file and serve an optional Reply no later than 14 days after service of the Opposition. The January 31, 2023, 10:00 a.m. hearing on the Motion is VACATED. In light of Defendant's Request for Oral Argument (ECF No. #29 ), the Court will consider setting a hearing on the Motion after it is fully briefed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nne) TEXT ONLY ENTRY [Transferred from California Central on 5/1/2023.]
|
|
Filing 31
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss without Prejudice or to Transfer Case for Improper Venue Under Federal Rule 12(B)(3) and 28 U.S.C. Sections 84, 1406(A), and 1404(A) #27 (Attachments: #1 Proposed Order)(Alcheck, Shaina) [Transferred from California Central on 5/1/2023.]
|
|
Filing 30
NOTICE OF LODGING filed re Miscellaneous Document #28 (Attachments: #1 Proposed Order)(Alcheck, Shaina) [Transferred from California Central on 5/1/2023.]
|
|
Filing 29
Request for Oral Argument filed by Defendant J. Larios (Alcheck, Shaina) [Transferred from California Central on 5/1/2023.]
|
|
Filing 28
Defendant's Request for Screening filed by Defendant J. Larios (Alcheck, Shaina) Modified on 1/3/2023 (es). [Transferred from California Central on 5/1/2023.]
|
|
Filing 27
NOTICE OF MOTION AND MOTION to Dismiss without Prejudice or to Transfer Case for Improper Venue Under Federal Rule 12(B)(3) and 28 U.S.C. Sections 84, 1406(A), and 1404(A) filed by defendant J. Larios. Motion set for hearing on 1/31/2023 at 10:00 AM before Magistrate Judge Maria A. Audero. (Attachments: #1 Declaration of Larios ISO) (Alcheck, Shaina) [Transferred from California Central on 5/1/2023.]
|
|
Filing 26
ORDER GRANTING DEFENDANT'S REQUEST FOR AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING by Magistrate Judge Maria A. Audero: granting #25 REQUEST for Extension of Time to File. IT IS HEREBY ORDERED that the deadline for Defendant to file a responsive pleading to Plaintiff's First Amended Complaint is extended, up to and including, December 30, 2022. (et) [Transferred from California Central on 5/1/2023.]
|
|
Filing 25
REQUEST for Extension of Time to File to Respond to Plaintiff's First Amended Complaint; Declaration of Shaina L. Alcheck filed by defendant J. Larios. (Attachments: #1 Proposed Order) (Alcheck, Shaina) [Transferred from California Central on 5/1/2023.]
|
|
Filing 24
FINANCIAL ENTRY: Received $31.91 subsequent payment from plaintiff Markein O. Vernon on 12/15/2022, receipt number LA247795, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (jo) [Transferred from California Central on 5/1/2023.]
|
|
Filing 23
NOTICE of Appearance filed by attorney Shaina Liat Alcheck on behalf of Defendant J. Larios (Attorney Shaina Liat Alcheck added to party J. Larios(pty:dft))(Alcheck, Shaina) [Transferred from California Central on 5/1/2023.]
|
|
Filing 22
WAIVER OF SERVICE Returned Executed filed by Plaintiff Markein O. Vernon upon J. Larios waiver sent by Plaintiff on 10/25/2022, answer due 12/27/2022. Waiver of Service signed by Preeti K. Bajwa, attorney for defendant. (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 21
PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint #14 upon J. Larios served on 10/27/2022, answer due 11/17/2022, served, by Federal statute, upon Asaro Pipkins, Office Technician. Remarks: 10/27/22 - Deputy served documents at RJ Donovan Facility. 11/29/22 - Received waived. Signed on 11/22/22 e-file # of Deputies: 0; Total Deputy Time: 9; R/R Mileage: 0; Fwd Fees: 0. (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 20
WAIVER OF SERVICE Returned Executed filed by defendant J. Larios. Waiver of Service signed by Preeti K. Bajwa. (Bajwa, Preeti) [Transferred from California Central on 5/1/2023.]
|
|
Filing 19
FINANCIAL ENTRY: Received $45.25 subsequent payment from plaintiff Markein O. Vernon on 11/09/2022, receipt number LA246178, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (jo) [Transferred from California Central on 5/1/2023.]
|
|
Filing 18
FINANCIAL ENTRY: Received $21.57 subsequent payment from plaintiff Markein O. Vernon on 11/09/2022, receipt number LA246159, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (jo) [Transferred from California Central on 5/1/2023.]
|
|
Filing 17
ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Maria A. Audero, re First Amended Complaint #14 See Order for details. (es) (Additional attachment(s) added on 10/17/2022: #1 Summons, #2 USM285 FORM) (es). [Transferred from California Central on 5/1/2023.]
|
|
Filing 16
Mail Returned addressed to Markein O. Vernon CDC V16750 re Financial Entry IFP Filing Fee 8 (et) [Transferred from California Central on 5/1/2023.]
|
|
Filing 15
NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a) OR (c) filed by plaintiff Markein O. Vernon pursuant to FRCP 41a(1) as to Dion Arguilez, J. Canedo, Marcus A. Pollard.(es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 14
FIRST AMENDED COMPLAINT against defendant J. Larios amending Complaint (Prisoner Civil Rights), #1 , filed by plaintiff Markein O. Vernon (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 13
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice (Other) #11 by Magistrate Judge Maria A. Audero. The document is STRICKEN. The Court sua sponte EXTENDS Plaintiff's deadline to file a response to the Court's Order Dismissing Complaint With Leave to Amend (ECF No. 6) to October 20, 2022. (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 12
NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Notice (Other) #11 . The following error(s) was/were found: Other error(s) with document(s): Local Rule 15-2 Every amended pleading filed as a matter of right or allowed by order of the Court shall be complete including exhibits. The amended pleading shall not refer to the prior, superseding pleading. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 10
FINANCIAL ENTRY: Received $5.00 subsequent payment from plaintiff Markein O. Vernon on 09/22/2022, receipt number LA244218, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dl) [Transferred from California Central on 5/1/2023.]
|
|
Filing 11
[STRICKEN BY ORDER OF THE COURT SEE DKT. #13 ] Amended Pleading filed by plaintiff Markein O. Vernon.(es) Modified on 9/27/2022 (es). [Transferred from California Central on 5/1/2023.]
|
|
Filing 9
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 Section 636(c) and F.R.CIV.P 73(b), filed by plaintiff Markein O. Vernon. (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 8
FINANCIAL ENTRY: Received $5.00 subsequent payment from plaintiff Markein O. Vernon on 09/12/2022, receipt number LA243728, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (jo) [Transferred from California Central on 5/1/2023.]
|
|
Filing 7
FINANCIAL ENTRY: Received $32.80 initial partial filing fee from plaintiff Markein O. Vernon on 09/12/2022, receipt number LA243711, re: Order on Request for Leave to Proceed without Prepayment of Filing Fees (CV60P),,, #5 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (jo) [Transferred from California Central on 5/1/2023.]
|
|
Filing 6
MINUTE ORDER (In Chambers): Order Dismissing Complaint With Leave to Amend(ECF No. 1) by Magistrate Judge Maria A. Audero: re: Complaint (Prisoner Civil Rights), #1 . Plaintiff is ordered to file a response to this Order, electing to proceed with one of the following options, by no later than October 6, 2022. [See document for further details.] (Attachments: #1 Attachment 1, #2 Attachment 2) (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 5
ORDER ON REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES (PRISONER NON-HABEAS CASE), #2 by Judge Sunshine Suzanne Sykes: GRANTING #2 REQUEST for Leave to Proceed without Prepayment of Filing Fee. Re REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support CLERKS NOTICE: The Clerk of Court is in receipt of a Request to Proceed in Forma Pauperis. The California Institute for Men (CIM) is DIRECTED to submit a certified, #2 . It is further ORDERED that the prisoner-plaintiff owes the Court the initial filing fee of $350.00. An initial partial filing fee of $$5.00 must be paid within 30 days of the date of this order. Thereafter, monthly payments shall be forwarded to the Court in accordance with this order. (shb) [Transferred from California Central on 5/1/2023.]
|
|
Filing 4
INITIAL CASE MANAGEMENT ORDER IN CIVIL RIGHTS CASE by Magistrate Judge Maria A. Audero. Plaintiff is advised that the Court presently is screening the Complaint in this action, pursuant to 28 U.S.C. 1915(e)(2) and 28 U.S.C. 1915A. Until the Complaint has been screened and the Court has ordered that service of process may occur, Plaintiff may not proceed with service of process upon Defendant(s). Should the Court determine that the Complaint may be served upon any or all Defendant(s), the Court will issue a separate order regarding service of process. [See Order for further details.] (Attachments: #1 Attachment) (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 3
Inmate Statement Report re REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support #2 filed by Plaintiff Markein O. Vernon. (es) [Transferred from California Central on 5/1/2023.]
|
|
Filing 2
REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support CLERKS NOTICE: The Clerk of Court is in receipt of a Request to Proceed in Forma Pauperis. The California Institute for Men (CIM) is DIRECTED to submit a certified Prison Trust Account Statement for Markein O. Vernon. CDC V-16750 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account Statement must reflect the activity for the last six months. Please email the certified Prison Trust Account Statement in pdf format to PrisonerFilings_CACD@cacd.uscourts.gov with the case number and inmate name in the subject line as reflected on this notification. filed by Plaintiff Markein O. Vernon. (sh) [Transferred from California Central on 5/1/2023.]
|
|
Filing 1
CIVIL RIGHTS COMPLAINT filed against DefendantsDion Arguilez, J. Canedo, J. Larios, Marcus A. Pollard pursuant to 42:1983. Case assigned to Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Maria A. Audero., filed by Plaintiff Markein O. Vernon. (sh) [Transferred from California Central on 5/1/2023.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
