Goolsby v. San Diego, County of et al

California Southern District Court
Judge:William Q Hayes
Referred: Nita L Stormes
Case #: 3:17-cv-00564
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983pr Prisoner Civil Rights
Case Filed:Mar 21, 2017
Terminated:Apr 07, 2020
Defendant
Agnew
Defendant
Barrios
Defendant
Bass
Defendant
Bravo
Defendant
Brewer
Defendant
Bullock .
Defendant
Camalleri
Defendant
Cerda
Defendant
Cole
Defendant
De La Cruz
Defendant
De La Torre
Defendant
Epps
Defendant
F. Gonzales
Defendant
Fowler
Defendant
Froisted
Defendant
Gallegas
Defendant
Gardner
Defendant
Goings
Defendant
Huerta
Defendant
J.D. Williams
Defendant
John Does 1 - 25
Defendant
John Does 26 - 50
Defendant
Johns
Defendant
K. Kamoss
Defendant
Lawson
Defendant
Leon
Defendant
Lovelace
Defendant
M. Ellsworth
Defendant
M.R. Mesa
Defendant
Martinez
Defendant
McKenny
Defendant
Mendoza
Defendant
Mondragon
Defendant
Moon
Defendant
Navarro
Defendant
Oliver
Defendant
Olsen
Defendant
Price
Defendant
Ramos
Defendant
Rios
Defendant
Roderick Smith
Defendant
San Diego, County of
Defendant
Seely
Defendant
Simms
Defendant
Stratton
Defendant
Vargas -
Defendant
Warren
Defendant
White -
Defendant
William Gore
Defendant
Zepeda
Plaintiff
Thomas Goolsby

GPO Jun 27 2017
ORDER (1) Granting Motion To Proceed In Forma Pauperis (Dkt # 2) And (2) Dismissing Complaint For Failing To State A Claim: The Watch Commander of SDCJ or his designee, is ordered to collect from Plaintiff's trust account the $350 filing fee owed in this case by garnishing monthly payments from his account in an amount equal to 20% of the preceding month's income and forwarding those payments to the Clerk of the Court each time the amount in the account exceeds $10 pursuant to 28 USC 1915(b)(2). The Court dismisses Plaintiff's claims against Defendants Price and Mesa and Plaintiff's Fourteenth Amendment claims. Plaintiff is granted 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 Eighth Amendment claims only; or (2) File an Amended Complaint. Signed by Judge William Q. Hayes on 6/26/2017. (All non-registered users served via U.S. Mail Service. Copy mailed to Watch Commander of SDCJ. Per Order, a blank civil rights complaint form also was sent to plaintiff.) (mdc)
GPO Dec 14 2017
ORDER: The Court: 1) Denies Plaintiff's Motion for Extension of Time to File Amended Complaint (ECF No.8) as moot; 2) Dismisses Plaintiff's Fourteenth Amendment claims for failing to state a claim and Plaintiff's Eighth Amendment laint form via U.S. Mail Service)(ajs) (jao).claims against all Defendants with the exception of County of San Diego and Sheriff William Gore pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b); 3) 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 Eighth Amendment claims only as to the County of San Diego and Sheriff William Gore in his official capacity; or (2) File an Amended Complaint which cures all the deficiencies of pleading noted. Plaintiff's Amended Complaint must be complete in itself without reference to his original pleading. Signed by Judge William Q. Hayes on 12/14/2017. (Per this Order, Plaintiff sent a copy of this Order and a blank civil rights comp
GPO Apr 10 2018
ORDER: The Court: 1) Dismisses Plaintiff's Eighth Amendment claims for failing to state a claim against all Defendants with the exception of County of San Diego and Sheriff William Gore in his official capacity pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b); 2) Dismisses Plaintiff's Fourteenth Amendment claims for failing to state a claim against all Defendants with the exception of Defendant Lawson pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b); 3) 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 Eighth Amendment claims only as to the County of San Diego and Sheriff William Gore in his official capacity and the Fourteenth Amendment claims as to Defendant Lawson; or (2) File an Amended Complaint which cures all the deficiencies of pleading noted. Plaintiff's Amended Complaint must be complete in itself without reference to his original pleading. Defendants not named and any claims not re-alleged in the Amended Complaint will be considered waived. Signed by Judge William Q. Hayes on 04/10/2018. (Per this Order, Plaintiff sent a copy of this Order and a blank civil rights complaint form via U.S. Mail Service)(All non-registered users served via U.S. Mail Service)(ajs)
GPO May 02 2018
ORDER Directing U.S. Marshal to Effect Service of Summons and Third Amended Complaint Pursuant to 28 U.S.C. § 1915(d) and Fed.R.Civ.P. 4(c)(3). Signed by Judge William Q. Hayes on 05/02/2018.(Plaintiff served copy of this Order (ECF No.16) via U.S. Mail Service. Certified copies of Order Granting IFP (ECF No.4), Third Amended Complaint (ECF No.15), summons, and USM 285 forms will be sent with IFP package) (Certified Copy of this Order to USM. USM also electronically cc'd) (ajs)
GPO Sep 26 2018
REPORT AND RECOMMENDATION for Order Granting in Part and Denying in Part Defendants' Motion to Dismiss and Denying Defendants' Motion to Strike; and Order Granting in Part and Denying in Part Plaintiff's Request for Early Discovery. (ECF Nos.67,74). Objections to R&R due by 10/12/2018. Any Reply due by 10/24/2018. Signed by Magistrate Judge Nita L. Stormes on 09/26/2018.(All non-registered users served via U.S. Mail Service)(ajs)
GPO Nov 07 2018
ORDER Denying 94 Plaintiff's Motion to Appoint Expert. Signed by Magistrate Judge Nita L. Stormes on 11/07/2018. (All non-registered users served via U.S. Mail Service)(ajs)
GPO Jan 08 2019
electronic cc: USM) (ajs)ORDER: The Motion for joinder (ECF No.78) is Granted. The Report and Recommendation (ECF No.86) is adopted in part and not adopted in part. Defendant's Motion to Dismiss (ECF No.67) is Granted in part and Denied in part. Plaintiff's claims against John Doe defendants are dismissed without discovery and without leave to amend. Plaintiff's claims against Defendants Seely, Simms, Gardner, De la Torre, Lt. Smith, Sgt. Froisted, Price, Leon, Bravo, Martinez, Rios, and Mesa are dismissed without leave to amend. Service by the U.S. Marshals is no longer required with respect to any unserved individual defendants. Signed by Judge William Q. Hayes on 01/08/2019. (All non-registered users served via U.S. Mail Service) (
GPO Jun 25 2019
ORDER on 107 Discovery Dispute. Plaintiff's motion is granted in part and denied in part. Where required, Defendants shall produce documents within 14 days of this order. Signed by Magistrate Judge Nita L. Stormes on 6/25/2019. (All non-registered users served via U.S. Mail Service)(ag)
GPO Jun 26 2019
ORDER on Plaintiff's Ex Parte Motion for Copy Service, Law Library Access, Telephone Access, etc. (ECF No. 121) As to transfer for the purposes of deposition, that request is denied as moot. The Plaintiffs requests for copy service and phone service are also denied. Finally, Plaintiffs request regarding law library access is denied. Signed by Magistrate Judge Nita L. Stormes on 6/26/2019. (All non-registered users served via U.S. Mail Service) (tcf) (jao).
GPO Aug 19 2019
ORDER on Discovery Dispute No. 2. Plaintiff's motion to compel further responses is denied. Defendant is instructed to lodge the verifications to the Set Three interrogatory and amended interrogatory responses for the court's review within 3 business days of this order. Defendant's Opposition (ECF No. 133), Joint Statement (ECF No. [133-1]), and Notice of Lodgment and Exhibits thereto (ECF No. [133-2]) are all hereby stricken from the record; Defendant shall refile these documents with appropriate redactions within 3 business days of this order. Signed by Magistrate Judge Nita L. Stormes on 8/19/2019. (All non-registered users served via U.S. Mail Service)(ag)
GPO Oct 09 2019
ervice)(tcf)ORDER: (1) Granting Defendant's Ex Parte Motion for Extension on Deadline to File Reply to Motion for Summary Judgment and Motion to Vacate Scheduling Order; (2) Granting in Part and Denying in Part Plaintiff's Motion for Extension to File MSJ Opposition, Appointment of Counsel, or in the Alternative, Order Directing Defendant to Provide Plaintiff with his Legal Property. (ECF Nos. 139, 140) The Court ORDERS as follows: (1) Plaintiff's request for an extension of time to oppose Defendants' motion for summary judgment is GRANTED. Plaintiff shall file his opposition to Defendants' motion by no later than December 6, 2019. Defendants shall file their reply by no later than December 20, 2019. (2) Plaintiff's request for appointment of legal counsel is DENIED. (3) Defendants' request to vacate dates is GRANTED. The mandatory settlement conference set for October 16, 2019 and all remaining pretrial dates as set forth in the First Amended Scheduling Order (ECF No. 111) are hereby VACATED, to be reset as necessary pending a decision on Defendants' motion for summary judgment. Signed by Magistrate Judge Nita L. Stormes on 10/9/2019. (All non-registered users served via U.S. Mail S
GPO Feb 18 2020
REPORT AND RECOMMENDATION for Order Granting in Part and Denying in Part Defendant's 137 MOTION for Summary Judgment. Objections to R&R due by 3/3/2020 and Replies due by 3/10/2020. Signed by Magistrate Judge Nita L. Stormes on 2/18/2020.(All non-registered users served via U.S. Mail Service)(ag)
GPO Apr 06 2020
ORDER: The Report and Recommendation (ECF No. 154) is adopted in part and not adopted in part. Plaintiff's Objections (ECF Nos. 157, 162) are overruled. Defendant's Objection (ECF No. 158) is sustained. The Motion for Summary Judgment filed by Defendant County of San Diego (ECF No. 137) is granted. The Renewed Ex Parte Motion for a Copy filed by Plaintiff (ECF No. 160) is denied as moot. Signed by Judge William Q. Hayes on 4/6/2020.(All non-registered users served via U.S. Mail Service)(ag)
GPO Oct 29 2020
ORDER: The Motion for Re-taxation of Costs filed by Plaintiff Thomas Goolsby (ECF No. 183) is GRANTED. The Court declines to award costs to Defendant County of San Diego in this action. The Order of the Clerk of the Court Taxing Costs (ECF No. 182) is VACATED. Signed by Judge William Q. Hayes on 10/29/2020. (All non-registered users served via U.S. Mail Service)(ag)

Docket last updated: 04/22/2024 11:59 PM PDT
Monday, April 19, 2021
187 187 appeal USCA Mandate Mon 04/19 2:58 PM
ORDER of USCA as to170 Notice of Appeal to the 9th Circuit filed by Thomas Goolsby. Pursuant to the parties' stipulated motion, this appeal is voluntarily dismissed. The parties shall bear their own costs and fees on appeal. A copy of this order shall serve as and for the mandate of the USCA. (akr)
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