California Southern District Court
Judge:Michael M Anello
Referred: Barbara Lynn Major
Case #: 3:17-cv-01315
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1331b Fed. Question: Bivens Act
Case Filed:Jun 27, 2017
Re-opened:Oct 17, 2018
Terminated:Mar 29, 2019
Last checked: Sunday Dec 24, 2017 1:49 AM PST
Defendant
U.S. Probation
Represented By
U S Attorney CV
U S Attorneys Office Southern District Of California
contact info
Defendant
United States of America
Represented By
U S Attorney CV
U S Attorneys Office Southern District Of California
contact info
Plaintiff
David Garland Atwood II
439 Garden Grove St.
Vicksburg, MS 39180

GPO Jun 30 2017
ORDER: (1) Granting 2 Motion to Proceed in Forma Pauperis; (2) Dismissing Complaint Pursuant to 28 U.S.C. § 1915(e)(2)(B); (3) Denying as Moot 3 Motion to Appoint Counsel; and (4) Denying 4 Motion for a Temporary Restraining Order. Signed by Judge Michael M. Anello on 6/30/2017.(All non-registered users served via U.S. Mail Service)(knb)
GPO Jul 19 2017
ORDER Responding to 10 Referral Notice and Revoking in forma pauperis Status on Appeal. After review of the record herein, the Court concludes that Plaintiff's appeal lacks any arguable basis in law or fact, and thus is considered as not being taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). Accordingly, the Court hereby REVOKES Plaintiff's IFP status. The Clerk of Court is directed to notify the Ninth Circuit Court of Appeals of this Order. Signed by Judge Michael M. Anello on 7/19/2017. (USCA Case Number 17-56010. Order electronically transmitted to the US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
GPO Nov 05 2018
ORDER Directing U.S. Marshal to Effect Service of Summons and First Amended Complaint Pursuant to 28 U.S.C. § 1915(D) and Federal Rule of Civil Procedure 4(C)(3). The Court denies Plaintiff's request to appoint counsel without prejudice. The Court directs the Clerk of Court to issue a summons as to Plaintiff's First Amended Complaint (Doc. No. 18) upon Defendant and forward it to Plaintiff along with a blank U.S. Marshal Form 285. In addition, the Clerk of Court will provide Plaintiff with a certified copy of this Order, a certified copy of his First Amended Complaint, and the summons so that he may serve Defendant. Upon receipt of this "IFP Package," Plaintiff must complete the Form 285 as completely and accurately as possible, and return it to the United States Marshal according to the instructions the Clerk provides in the letter accompanying his IFP package. The U.S. Marshal is thereafter directed to serve a copy of the First Amended Complaint and summons upon Defendant as directed by Plaintiff on the USM Form 285. All costs of service will be advanced by the United States. The Court orders Defendant, once properly served, to reply to Plaintiff's First Amended Complaint within the time provided by the applicable provisions of Federal Rule of Civil Procedure 12(a). Signed by Judge Michael M. Anello on 11/2/2018.(All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (rmc)
GPO Mar 29 2019
ORDER Denying 28 Plaintiff's Motion for Recusal; and Granting 21 Defendant's Motion to Dismiss. The Court denies Plaintiff's motion for recusal. Additionally, the Court grants Defendant's motion and dismisses Plaintiff's FAC with prejudice. The Clerk of Court is instructed to enter judgment accordingly and close the case. Signed by Judge Michael M. Anello on 3/29/2019. (All non-registered users served via U.S. Mail Service)(rmc)
GPO Mar 29 2019
CLERK'S JUDGMENT. The Court denies Plaintiff's motion for recusal. Additionally, the Court grants Defendant's motion and dismisses Plaintiff's FAC with prejudice.(All non-registered users served via U.S. Mail Service)(rmc)(sjt).

Docket last updated: 04/28/2024 11:59 PM PDT
Tuesday, November 10, 2020
53 53 appeal USCA Mandate Tue 11/10 9:21 AM
MANDATE of USCA affirming the decision of the USDC as to46 Notice of Appeal to the 9th Circuit filed by David Smith. (akr)
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