Johnson v. Gore

California Southern District Court
Judge:William Q Hayes
Referred: Mitchell D Dembin
Case #: 3:17-cv-00588
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983bv Bivens Non-Prisoner
Case Filed:Mar 23, 2017
Re-opened:Aug 24, 2017
Terminated:Jun 22, 2018
Last checked: Tuesday Sep 19, 2017 2:15 AM PDT
Defendant
Sheriff William David Gore
Plaintiff
Pamela T. Johnson
131 Springview Lane
Huntsville, AL 35806

GPO Jan 18 2018
ORDER: Pursuant to Federal Rule of Civil Procedure 4(m), the Court will allow Plaintiff sixty (60) days from date of this order to file either (1) proof that service of the summons and complaint was timely effectuated or (2) a declaration under penalty of perjury showing good cause for failure to timely effect service upon the Defendant accompanied by a motion for leave to serve process outside of the 90-day period. If no cause is shown, the Court will dismiss this case without prejudice. Signed by Judge William Q. Hayes on 01/18/2018. (All non-registered users served via U.S. Mail Service)(ajs)
GPO Feb 07 2018
ORDER: Plaintiff's motion for leave to serve process outside the 90-day period is Granted. (ECF No.23). Plaintiff shall, within sixty days of the date this Order is issued, file proof that service of the summons and complaint has been effectuated. If Plaintiff fails to file proof of service within this time period, the Court will dismiss this case without prejudice. Signed by Judge William Q. Hayes on 02/07/2018. (All non-registered users served via U.S. Mail Service)(ajs)
GPO Jun 22 2018
ORDER: The Motion to Dismiss filed by Defendant is Granted. (ECF No.27). The Complaint is dismissed with prejudice and without leave to amend. Signed by Judge William Q. Hayes on 06/22/2018. (All non-registered users served via U.S. Mail Service)(ajs)

Docket last updated: 04/17/2024 11:59 PM PDT
Friday, June 22, 2018
32 32 order Judgment - Clerk Fri 06/22 2:21 PM
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Complaint is dismissed with prejudice and without leave to amend.(All non-registered users served via U.S. Mail Service)(ajs)
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31 31 4 pgs order Order on Motion to Dismiss for Failure to State a Claim Fri 06/22 2:17 PM
ORDER: The Motion to Dismiss filed by Defendant is Granted. (ECF No.27 ). The Complaint is dismissed with prejudice and without leave to amend. Signed by Judge William Q. Hayes on 06/22/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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Wednesday, April 18, 2018
29 29 misc Letter Wed 04/18 12:02 PM
Ex Parte Communication from Pamela T. Johnson. Nunc Pro Tunc 04/13/2018 and redacted per Order (ECF No.28 ). (All non-registered users served via U.S. Mail Service)(ajs)
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28 28 order Notice and Order of Document Discrepancies Wed 04/18 11:59 AM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Ex Parte Communication, from Plaintiff Pamela T. Johnson. Non-compliance with local rule(s), OTHER: Civ LR 83.9 Ex parte communication is prohibited. Nunc Pro Tunc 04/13/2018. The Clerk of the Court shall redact the social security number, date of birth and driver's license number from the Streamlines DNA Application Form attached to the letter prior to filing the document. Signed by Judge William Q. Hayes on 04/18/2018.(All non-registered users served via U.S. Mail Service)(ajs)
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Monday, April 16, 2018
30 30 service Certificate of Service Wed 04/18 12:08 PM
CERTIFICATE OF SERVICE by Pamela T. Johnson re (ECF No.29 ). (ajs)
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Monday, March 26, 2018
27 27 motion Dismiss for Failure to State a Claim Mon 03/26 4:28 PM
MOTION to Dismiss for Failure to State a Claim by William David Gore.(Lenert, Ronald)Attorney Ronald Lenert added to party William David Gore(pty:dft)
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Att: 1 Memo of Points and Authorities,
Att: 2 Proof of Service
Monday, March 12, 2018
26 26 service Summons Returned Executed Mon 03/12 11:27 AM
SUMMONS Returned Executed by Pamela T. Johnson. William David Gore served. (ajs)
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Friday, March 09, 2018
25 25 service Summons Returned Executed Fri 03/09 3:39 PM
SUMMONS Returned Executed by Pamela T. Johnson. William David Gore served. (ajs)
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Wednesday, February 07, 2018
24 24 2 pgs order Order on Motion for Miscellaneous (Other 1) Wed 02/07 10:08 AM
ORDER: Plaintiff's motion for leave to serve process outside the 90-day period is Granted. (ECF No.23 ). Plaintiff shall, within sixty days of the date this Order is issued, file proof that service of the summons and complaint has been effectuated. If Plaintiff fails to file proof of service within this time period, the Court will dismiss this case without prejudice. Signed by Judge William Q. Hayes on 02/07/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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Wednesday, January 31, 2018
23 23 motion Miscellaneous (Other 1) Wed 01/31 5:37 PM
MOTION for Leave to Serve Process Outside of the 90 day Period by Pamela T. Johnson. Nunc Pro Tunc 01/29/2018, per Order (ECF No.22 ). (ajs)
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22 22 order Notice and Order of Document Discrepancies Wed 01/31 5:35 PM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Motion for Leave to Serve Process Outside of the 90 day Period, from Plaintiff Pamela T. Johnson. 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: Civ L. Rule 5.2 Missing proof of service. Nunc Pro Tunc 01/29/2018. Signed by Judge William Q. Hayes on 01/31/2018.(All non-registered users served via U.S. Mail Service)(ajs)
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Thursday, January 18, 2018
21 21 3 pgs order Order Thu 01/18 9:17 AM
ORDER: Pursuant to Federal Rule of Civil Procedure 4(m), the Court will allow Plaintiff sixty (60) days from date of this order to file either (1) proof that service of the summons and complaint was timely effectuated or (2) a declaration under penalty of perjury showing good cause for failure to timely effect service upon the Defendant accompanied by a motion for leave to serve process outside of the 90-day period. If no cause is shown, the Court will dismiss this case without prejudice. Signed by Judge William Q. Hayes on 01/18/2018. (All non-registered users served via U.S. Mail Service)(ajs)
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Monday, January 08, 2018
20 20 service Summons Returned Executed Mon 01/08 11:19 AM
SUMMONS Returned Executed by Pamela T. Johnson. William David Gore served. Response to19 Order to Show Cause dated 12/26/2017. (rmc)
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Tuesday, December 26, 2017
19 19 2 pgs order Order Tue 12/26 1:53 PM
ORDER: Notice to Plaintiff that the Court will dismiss this action against Defendant without prejudice unless, no later than January 19, 2018, Plaintiff files either (1) proof that service of the summons and complaint was timely effectuated or (2) a declaration under penalty of perjury showing good cause for failure to timely. Signed by Judge William Q. Hayes on 12/26/2017. (All non-registered users served via U.S. Mail Service)(jjg)
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Thursday, December 14, 2017
18 18 misc Letter Thu 12/14 11:38 AM
Letter from Pamela T. Johnson. Nunc Pro Tunc 10/24/2017, per Order (ECF No.17 ) (All non-registered users served via U.S. Mail Service)(ajs)
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17 17 order Notice and Order of Document Discrepancies Thu 12/14 11:36 AM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Letter, from Plaintiff Pamela T. Johnson. Non-compliance with local rule(s), OTHER: Duplicate Filing: Letter filed on 10/13/2017 under docket entry #16 . Nunc Pro Tunc 10/24/2017. Signed by Judge William Q. Hayes on 12/14/2017.(All non-registered users served via U.S. Mail Service)(ajs)
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Friday, October 13, 2017
16 16 misc Letter Mon 10/16 3:11 PM
Letter from Plaintiff Pamela T. Johnson. NUNC PRO TUNC 10/12/2017, per Order (Dkt #15 ). (mdc)
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15 15 order Notice and Order of Document Discrepancies Mon 10/16 3:09 PM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Letter, from Plaintiff Pamela T. Johnson. Non-compliance with local rule(s), OTHER: Civ.L. Rule 83.9 - Ex parte communication is prohibited. Nunc Pro Tunc 10/12/2017. Signed by Judge William Q. Hayes on 10/13/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
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Tuesday, September 19, 2017
14 14 notice Notice (Other) Tue 09/19 10:36 AM
Questions Presented for Review by Pamela T. Johnson. NUNC PRO TUNC 9/11/2017, per Order (Dkt #13 ). (mdc)
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Att: 1 Envelope Information
13 13 order Notice and Order of Document Discrepancies Tue 09/19 10:33 AM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Questions Presented for Review, from Plaintiff Pamela T. Johnson. Non-compliance with local rule(s), OTHER: CivLR 83.9 - Ex parte communication is prohibited. The document is to be filed Nunc Pro Tunc to date received (9/11/2017). Signed by Judge William Q. Hayes on 9/19/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
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Thursday, August 24, 2017
12 12 service Summons Issued Thu 08/24 4:11 PM
Summons Issued on the Complaint (Dkt #1 ). 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. Summons will be mailed to plaintiffs not receiving notice electronically. (mdc)
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11 11 order Order Thu 08/24 3:39 PM
MINUTE ORDER: The docket reflects that the Court has received the filing fee in this action. The Court vacates the order dismissing this case without prejudice (Dkt #6 ) and directs the Clerk of Court to reopen the case. Judge William Q. Hayes. (All non-registered users served via U.S. Mail Service.) (no document attached) (mdc)
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10 10 misc Filing Fee Received Thu 08/24 3:33 PM
Filing fee: $ 400, receipt number CAS093824, Paid on 8/24/2017. (mdc)
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Tuesday, August 15, 2017
9 9 order Order Tue 08/15 10:38 AM
ORDER re8 Ex Parte Letter. This Court has no record of receiving Plaintiff's filing fee in connection with this action. The Court sua sponte grants Plaintiff an extension of time to comply with its prior Order. In order to proceed with this action, Plaintiff must, within thirty (30) days of the date this Order is issued, either (1) file a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) or, (2) submit the filing fee to the Clerk of Court for the United States District Court for the Southern District of California. If Plaintiff fails to either prepay the civil filing fee, or complete and submit a motion to proceed in forma pauperis within this time period, this action shall remain dismissed without prejudice and the Clerk of Court shall close the case. Signed by Judge William Q. Hayes on 08/15/2017.(All non-registered users served via U.S. Mail Service)(ajs)
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Tuesday, July 25, 2017
8 8 misc Letter Wed 07/26 12:19 PM
Ex Parte Letter from Plaintiff Pamela T. Johnson. NUNC PRO TUNC 7/20/2017, per Order (Dkt #7 ). (mdc)
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Att: 1 Envelope Information
7 7 order Notice and Order of Document Discrepancies Wed 07/26 12:16 PM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Ex Parte Letter, from Plaintiff Pamela T. Johnson. Non-compliance with local rule(s), OTHER: CivLR 83.9 - Ex parte communication is prohibited. The document is to be filed Nunc Pro Tunc to date received (7/20/2017). Signed by Judge William Q. Hayes on 7/25/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
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Friday, July 07, 2017
6 6 order Order Dismissing Case Fri 07/07 10:47 AM
ORDER dismissing action sua sponte without prejudice ofr failing to pay the $350 filing fee or a motio to proceed IFP pursuant to 28 USC 1914(a) and 1915(a). Plaintiff is granted 45 days leave from the date of this Order to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to proceed IFP pursuant to 28 U.S.C. § 1915(a) and Southern District of California Civil Local Rule 3.2. (blank ifp form mailed to Plaintiff). Signed by Judge William Q. Hayes on 7/07/2017.(All non-registered users served via U.S. Mail Service)(jpp)
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Friday, June 23, 2017
5 5 misc Letter Fri 06/23 12:02 PM
Letter Requesting Magistrate Judge Recusal from Plaintiff Pamela T. Johnson. NUNC PRO TUNC 6/20/2017, per Order (Dkt #4 ). (mdc)
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Att: 1 Mailing Envelope
4 4 order Notice and Order of Document Discrepancies Fri 06/23 12:00 PM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Letter Requesting Magistrate Judge Recusal, from Plaintiff Pamela T. Johnson. Non-compliance with local rule(s), OTHER: Civ.L. Rule 5.1 - Improper Format; Civ.L. Rule 83.9 - Ex Parte Communication Prohibited. The document is to be filed Nunc Pro Tunc to date received (6/20/2017). Signed by Judge William Q. Hayes on 6/23/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
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Monday, June 12, 2017
3 3 misc Letter Mon 06/12 1:04 PM
Letter from Plaintiff Pamela T. Johnson. NUNC PRO TUNC 6/9/2017, per Order (Dkt #2 ). (mdc)
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2 2 order Notice and Order of Document Discrepancies Mon 06/12 1:02 PM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Ex Parte Letter, from Plaintiff Pamela T. Johnson. Non-compliance with local rule(s), Supplemental documents require court order, OTHER: Civ.L. Rule 5.1 - Improper Format. Civ.L. Rule 83.9 - Ex Parte Communication Prohibited. The document is to be filed Nunc Pro Tunc to date received (6/9/2017). Signed by Judge William Q. Hayes on 6/12/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
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Thursday, March 23, 2017
1 1 cmp Complaint Fri 03/24 11:55 AM
COMPLAINT against All Defendants (Filing fee $ 400, fee due.), filed by Pamela T. Johnson. The new case number is 3:17-cv-588-WQH-MDD. Judge William Q. Hayes and Magistrate Judge Mitchell D. Dembin are assigned to the case.(dsn)
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Att: 1 Civil Cover Sheet