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17-319 - Thompson v. Torres et al


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17-319 - Thompson v. Torres et al
August 2, 2017
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ess of record on August 2, 2017. A copy of the court's prisoner civil rights complaint shall be included in the mailing to Mr. Thompson. nt color=dark red> (4) Thompson's Motion for Preliminary Injunction is DENIED. (5) The Clerk is directed to mail Thompson a prisoner civil rights complaint form so that he can comply with the directions in this Order if he chooses to amend his pleadings. Thompson is NOTIFIED that failure to use the court's complaint form for any amended pleading may result in the document being stricken." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Thad Thompson served by first class mail to the addrORDER DISMISSING COMPLAINT IN PART AND DENYING MOTION FOR PRELIMINARY INJUNCTION re 1, 3 - Signed by JUDGE DERRICK K. WATSON on 8/2/2017. " (1) The Complaint is DISMISSED IN PART for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b). Specifically, Count I as alleged against Katherine Torres states a claim and may proceed. Thompson's claims in (1) Count I as alleged against Captain Paleka and Jane Does 1-2, and Count II as alleged against Katherine Torres, Captain Paleka, and John Doe Residency Department Supervisor are DISMISSED with leave to amend. (2) Thompson may file an amended complaint on or before September 5, 2017. (3) In the alternative, Thompson may NOTIFY the Court in writing on or before September 5, 2017, that he will stand on his retaliation claim in Count I as alleged against Katherine Torres only. If Thompson chooses this option, his remaining claims against Defendants will be dismissed with prejudice and the Court will order the U.S. Marshal to serve the Complaint at Thompson's direction on Defendant Torres only.
October 4, 2017
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ORDER DISMISSING FIRST AMENDED COMPLAINT PURSUANT TO 28 U.S.C. §§ 1915(e)and 1915A(a) re 10 - Signed by JUDGE DERRICK K. WATSON on 10/4/2017. "(1) The Complaint is DISMISSED IN PART for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e) and 1915A(a). (2) Thompson's claims as alleged under the Eighth Amendment, and ALL claims as alleged against Defendants Katherine Torres, Captain Paleka, Nolan Uehara, Residency Department Supervisor John Doe, and Law Library Supervisor Jane Doe regarding Thompson's May 2017 disciplinary proceedings, housing decisions, and access to legal paper work or photocopies, are DISMISSED WITH PREJUDICE. (3) Thompson's retaliation claimI>A copy of the court's prisoner civil rights complaint form shall be included in the mailing to Mr. Thompson. against Nurse Mike is DISMISSED with leave granted to amend on or before November 4, 2017. Failure to cure the deficiencies in this claim will result in dismissal of this action with prejudice and Thompson shall incur a strike pursuant to 28 U.S.C. § 1915(g). (4) The Clerk is directed to mail Thompson a prisoner civil rights complaint form so that he can comply with the directions in this Order." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Thad Thompson served by first class mail to the address of record on October 4, 2017. <
November 2, 2017
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ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS re 12 - Signed by JUDGE DERRICK K. WATSON on 11/2/2017. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Thad Thompson served by first class mail to the address of record on November 2, 2017. The Ninth Circuit Court of Appeals served electronically.
November 21, 2017
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ORDER DISMISSING SECOND AMENDED COMPLAINT IN PART AND DIRECTING SERVICE re 18 - Signed by JUDGE DERRICK K. WATSON on 11/21/2017. " (1) The Second Amended Complaint is DISMISSED IN PART. Thompson's Eighth Amendment claim and his claim against Nurse Mike in his official capacity are DISMISSED with prejudice. Thompson's retaliation claim against Nurse Mike in his individual capacity shall proceed and be served. (2) The Clerk is DIRECTED to send the documents detailed above to the United States Marshals Service who shall effect service on Nurse Mike. (3) After service is effected, Nurse Mike SHALL file a response to the Second Amended Complaint." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Thad Thompson shall be served by first class mail to the address of record on November 22, 2017.