Swadener v. State of California et al
| California Southern District Court | |
| Judge: | Dana M Sabraw |
| Referred: | Michael S Berg |
| Case #: | 3:24-cv-00283 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983bv Bivens Non-Prisoner |
| Case Filed: | Feb 07, 2024 |
| Re-opened: | Feb 05, 2025 |
| Terminated: | Mar 04, 2025 |
| Last checked: Tuesday Aug 06, 2024 1:21 AM PDT |
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Defendant
A-Z Metro Towing
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Defendant
City of Escondido
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Defendant
Escondido Officer Aronson
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Defendant
Michael McGuinness
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Defendant
Paul McNamara
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Defendant
State of California
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Defendant
Ed Varso
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Defendant
Joseph Mata
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Defendant
Road One San Diego Towing
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Plaintiff
Larry Swadener
550 W. Washington Ave
Escondido, CA 92025 |
GPO
Dec 03 2024
ORDER Granting Defendants' Motion to Dismiss 20 Motion to Dismiss. Signed by Chief District Judge Dana M. Sabraw on 12/3/2024. (All non-registered users served via U.S. Mail Service)(bdc) |
| Docket last updated: 05/13/2025 11:59 PM PDT |
| Thursday, April 10, 2025 | ||
| 49 | 49
appeal
USCA Time Schedule Order
Thu 04/10 2:49 PM
USCA Time Schedule Order as to47 Notice of Appeal to 9th Circuit, filed by Larry Swadener. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 5/5/2025 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 6/4/2025.) (All non-registered users served via U.S. Mail Service)(mjw) |
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| 48 | 48
appeal
USCA Case Number
Thu 04/10 2:48 PM
USCA Case Number 25-2322 for47 Notice of Appeal to 9th Circuit, filed by Larry Swadener.(All non-registered users served via U.S. Mail Service)(mjw) |
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Att: 1
Attorney Appeal Case Opening,
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Att: 2
Pro Se Appeals Case Opening,
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Att: 3
Ninth Circuit Appellate Mentoring Program
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| Friday, April 04, 2025 | ||
| 47 | 47
appeal
Notice of Appeal to 9th Circuit
Mon 04/07 12:20 PM
NOTICE OF APPEAL to the 9th Circuit as to45 Clerk's Judgment,, by Larry Swadener., Fee not paid (Notice of Appeal electronically transmitted to US Court of Appeals.)(All non-registered users served via U.S. Mail Service)(mjw) |
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Att: 1
Mailing Envelope
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| Tuesday, March 04, 2025 | ||
| 45 | 45
order
Judgment - Clerk
Tue 03/04 8:41 AM
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that The Court DISMISSES Plaintiff's FAC as moot and SAC without leave to amend. Plaintiff's Motions for Equitable Tolling and Violations of the Bane Act are DENIEDalthough, as noted, the Court considers these Motions as being part of the SAC. Plaintiff's Motions for Trial by Judge and Oral Argument, Judgment on the Pleadings, and for the Court to Consider His Filings Timely are DENIED. This case is hereby closed. (All non-registered users served via U.S. Mail Service)(bdc) |
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| Monday, March 03, 2025 | ||
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respm
Response in Opposition to Motion
Wed 03/05 2:32 PM
RESPONSE in Opposition re37 MOTION to Dismiss pursuant to Fed.R.Civ.P. Rule 12(b)(6) filed by Larry Swadener. (bdc) |
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| 44 | 44
7
pgs
order
Order on Motion to Dismiss
Tue 03/04 8:23 AM
ORDER Granting Defendants' Motions to Dismiss Plaintiff's First and Second Amended Complaint37 Motion to Dismiss; granting41 Motion to Dismiss. Signed by District Judge Dana M. Sabraw on 3/3/2025. (All non-registered users served via U.S. Mail Service)(bdc) |
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| Thursday, February 27, 2025 | ||
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1
pgs
order
Order ~Util - Terminate Deadlines and Hearings
Thu 02/27 1:49 PM
ORDER Vacating Oral Argument. Signed by District Judge Dana M. Sabraw on 2/27/2025.(All non-registered users served via U.S. Mail Service)(bdc) |
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| Tuesday, February 18, 2025 | ||
| 42 | 42
motion
Dismiss for Failure to State a Claim
Tue 02/18 2:47 PM
MOTION to Dismiss for Failure to State a Claim by A-Z Enterprises.(Branscome, Jack) |
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Att: 1
Memo of Points and Authorities in Support of Motion to Dismiss,
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Att: 2
Proof of Service
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| Thursday, February 13, 2025 | ||
| 41 | 41
motion
Dismiss
Thu 02/13 4:54 PM
MOTION to Dismiss pursuant to Fed.R.Civ.P. Rule 12(b)(6) by City of Escondido, Joseph Mata, Michael McGuinness, Ed Varso.(Bookholder, Mark) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Declaration,
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Att: 3
Proof of Service
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| Wednesday, February 05, 2025 | ||
| 40 | 40
cmp
Amended Complaint
Thu 02/06 4:21 PM
SECOND AMENDED COMPLAINT titled as First Amended Complaint with Jury Demand against A-Z Enterprises, Escondido Officer Aronson, Joseph Mata, Michael McGuinness, Receptionist, Ed Varso, filed by Larry Swadener. (bdc) |
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Att: 1
Addendum,
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Att: 2
Declaration
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| Monday, February 03, 2025 | ||
| 39 | 39
respm
Response to Motion
Mon 02/03 2:15 PM
RESPONSE to Motion re32 MOTION Requesting Violations of Bane Act,33 MOTION in Demand of Trial by Judge and Oral Argument,34 MOTION for Judgment on the Pleadings,35 MOTION to Consider Timely,31 MOTION Equitable Tolling (Omnibus Response) filed by Road One San Diego Towing, A-Z Metro Towing, A-Z Enterprises.(Branscome, Jack) |
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Att: 1
Proof of Service
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| 38 | 38
motion
Dismiss for Failure to State a Claim
Mon 02/03 2:12 PM
MOTION to Dismiss for Failure to State a Claim by Road One San Diego Towing, A-Z Metro Towing, A-Z Enterprises.(Branscome, Jack)Attorney Jack Branscome added to party A-Z Enterprises(pty:dft) |
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Att: 1
Memo of Points and Authorities in Support of Motion to Dismiss,
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Att: 2
Proof of Service
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| Thursday, January 30, 2025 | ||
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motion
Dismiss
Thu 01/30 5:50 PM
MOTION to Dismiss pursuant to Fed.R.Civ.P. Rule 12(b)(6) by Joseph Mata, City of Escondido, Michael McGuinness, Ed Varso.(Bookholder, Mark) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Declaration,
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Att: 3
Proof of Service
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| 36 | 36
notice
Notice of Appearance
Thu 01/30 4:33 PM
NOTICE of Appearance and Change of Lead Counsel by Mark Bookholder on behalf of Joseph Mata, City of Escondido, Michael McGuinness, Ed Varso(Bookholder, Mark)Attorney Mark Bookholder added to party Joseph Mata(pty:dft), Attorney Mark Bookholder added to party City of Escondido(pty:dft), Attorney Mark Bookholder added to party Michael McGuinness(pty:dft), Attorney Mark Bookholder added to party Ed Varso(pty:dft) |
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Att: 1
Proof of Service
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| Friday, January 17, 2025 | ||
| 35 | 35
motion
Miscellaneous (Other 1)
Tue 01/21 4:16 PM
MOTION to Consider Timely by Larry Swadener. (bdc) |
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| 34 | 34
motion
Judgment on the Pleadings
Tue 01/21 4:14 PM
MOTION for Judgment on the Pleadings by Larry Swadener. (bdc) |
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| 33 | 33
motion
Miscellaneous (Other 1)
Tue 01/21 4:12 PM
MOTION in Demand of Trial by Judge and Oral Argument by Larry Swadener. (bdc) |
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| 32 | 32
motion
Miscellaneous (Other 1)
Tue 01/21 4:09 PM
MOTION Requesting Violations of Bane Act by Larry Swadener. (bdc) |
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| 31 | 31
motion
Miscellaneous (Other 1)
Tue 01/21 4:06 PM
MOTION for Equitable Tolling by Larry Swadener. (bdc) |
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| 30 | 30
cmp
Amended Complaint
Tue 01/21 3:44 PM
AMENDED COMPLAINT with Jury Demand against A-Z Enterprises, Escondido Officer Aronson, Joseph Mata, Michael McGuinness, Receptionist, Ed Varso, filed by Larry Swadener.New Summons Requested. (bdc) |
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Att: 1
Civil Cover Sheet
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| 29 | 29
respm
Response in Opposition to Motion
Tue 01/21 3:24 PM
RESPONSE in Opposition re20 MOTION to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) filed by Larry Swadener. (bdc) |
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| 28 | 28
notice
Notice of Change of Address
Tue 01/21 3:20 PM
NOTICE of Change of Contact Information by Larry Swadener (bdc) |
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| Tuesday, December 03, 2024 | ||
| 27 | 27
7
pgs
order
Order on Motion to Dismiss
Wed 12/04 9:04 AM
ORDER Granting Defendants' Motion to Dismiss20 Motion to Dismiss. Signed by Chief District Judge Dana M. Sabraw on 12/3/2024. (All non-registered users served via U.S. Mail Service)(bdc) |
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minutes
~Util - Terminate Motion and R&R Deadlines/Hearings Order
Tue 12/03 10:06 AM
ORDER re: Oral Argument20 MOTION to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) filed by Ed Varso, Michael McGuinness, Joseph Mata, City of Escondido. Signed by Chief District Judge Dana M. Sabraw on 12/3/2024.(All non-registered users served via U.S. Mail Service)(bdc) |
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| Wednesday, November 13, 2024 | ||
| 25 | 25
notice
Notice of Change of Address
Wed 11/13 11:35 AM
NOTICE of Change of Contact Information by Larry Swadener (ddf) |
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| Thursday, October 31, 2024 | ||
| 24 | 24
notice
Notice of Joinder
Thu 10/31 1:24 PM
NOTICE of Joinder by Road One San Diego Towing, A-Z Metro Towing re20 MOTION to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) (Branscome, Jack) |
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Att: 1
Proof of Service
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| Wednesday, October 30, 2024 | ||
| 23 | 23
notice
Pretrial Disclosures
Wed 10/30 6:53 PM
Pretrial Disclosures by Road One San Diego Towing, A-Z Metro Towing Corporate Disclosure Statement(Branscome, Jack) |
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Att: 1
Proof of Service
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| 22 | 22
notice
Notice of Party With Financial Interest
Wed 10/30 6:51 PM
NOTICE of Party With Financial Interest by Road One San Diego Towing, A-Z Metro Towing(Branscome, Jack) |
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Att: 1
Proof of Service
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notice
Notice (Other)
Wed 10/30 6:49 PM
NOTICE of Withdrawal of Documents 18 and 19 by Road One San Diego Towing, A-Z Metro Towing re18 Notice of Party With Financial Interest,19 Pretrial Disclosures,(Branscome, Jack) |
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Att: 1
Proof of Service
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| 20 | 20
motion
Dismiss
Wed 10/30 2:29 PM
MOTION to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) by Joseph Mata, City of Escondido, Michael McGuinness, Ed Varso.(McGuinness, Michael)Attorney Michael R McGuinness added to party Joseph Mata(pty:dft), Attorney Michael R McGuinness added to party City of Escondido(pty:dft), Attorney Michael R McGuinness added to party Michael McGuinness(pty:dft), Attorney Michael R McGuinness added to party Ed Varso(pty:dft) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Declaration,
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Att: 3
Proof of Service
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| Tuesday, October 29, 2024 | ||
| 19 | 19
notice
Pretrial Disclosures
Tue 10/29 3:21 PM
Pretrial Disclosures by Road One San Diego Towing, A-Z Metro Towing Corporate Disclosure Statement(Branscome, Jack)Attorney Jack Branscome added to party Road One San Diego Towing(pty:dft), Attorney Jack Branscome added to party A-Z Metro Towing(pty:dft) |
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Att: 1
Proof of Service
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notice
Notice of Party With Financial Interest
Tue 10/29 3:18 PM
NOTICE of Party With Financial Interest by Road One San Diego Towing, A-Z Metro Towing re17 Answer to Complaint(Branscome, Jack) |
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Att: 1
Proof of Service
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| 17 | 17
answer
Answer to Complaint
Tue 10/29 3:01 PM
ANSWER to1 Complaint, with Jury Demand by Road One San Diego Towing, A-Z Metro Towing.(Kinnear, Todd) |
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Att: 1
Proof of Service
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| Wednesday, October 23, 2024 | ||
| 16 | 16
notice
Notice of Change of Address
Thu 10/24 12:31 PM
NOTICE of Change of Contact Information by Larry Swadener (ddf) |
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| Tuesday, October 15, 2024 | ||
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service
Summons Returned Unexecuted
Wed 10/16 1:13 PM
Summons Returned Unexecuted by Larry Swadener as to Paul McNamara. (ddf) |
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service
Summons Returned Executed
Wed 10/16 1:10 PM
SUMMONS Returned Executed by Larry Swadener. Michael McGuinness served. (ddf) |
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service
Summons Returned Executed
Wed 10/16 1:09 PM
SUMMONS Returned Executed by Larry Swadener. Joseph Mata served. (ddf) |
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service
Summons Returned Executed
Wed 10/16 1:08 PM
SUMMONS Returned Executed by Larry Swadener. Ed Varso served. (ddf) |
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service
Summons Returned Executed
Wed 10/16 1:06 PM
SUMMONS Returned Executed by Larry Swadener. A-Z Metro Towing served. (ddf) |
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| 10 | 10
service
Summons Returned Executed
Wed 10/16 1:05 PM
SUMMONS Returned Executed by Larry Swadener. Road One San Diego Towing served. (ddf) |
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service
Summons Returned Executed
Wed 10/16 1:04 PM
Summons Returned Unexecuted by Larry Swadener as to Escondido Officer. (ddf) |
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| 8 | 8
service
Summons Returned Executed
Wed 10/16 1:04 PM
SUMMONS Returned Executed by Larry Swadener. State of California served. (ddf) |
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| Friday, September 13, 2024 | ||
| 7 | 7
service
Summons Issued
Fri 09/13 1:52 PM
Summons Issued. 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.(ddf) |
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Att: 1
IFP Letter
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| 6 | 6
7
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Motion to Appoint Counsel
Fri 09/13 1:45 PM
ORDER Granting Plaintiff's Motion To Proceed In Forma Pauperis And Dismissing Motion TO Appoint Counsel2 ,3 . Signed by Chief District Judge Dana M. Sabraw on 9/13/2024. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (ddf) |
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| Friday, May 10, 2024 | ||
| 5 | 5
notice
Notice of Change of Address
Mon 05/13 10:56 AM
NOTICE of Change of Contact Information by Larry Swadener (ddf) |
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| Wednesday, May 01, 2024 | ||
| 4 | 4
notice
Notice of Change of Address
Thu 05/02 4:15 PM
NOTICE of Change of Contact Information by Larry Swadener (ddf) |
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| Wednesday, February 07, 2024 | ||
| 3 | 3
motion
Appoint Counsel
Mon 02/12 3:54 PM
MOTION to Appoint Counsel by Larry Swadener. (stn) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Mon 02/12 1:06 PM
MOTION for Leave to Proceed in forma pauperis by Larry Swadener. (stn) (jms) |
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cmp
Complaint
Mon 02/12 1:03 PM
COMPLAINT against A-Z Metro Towing, City of Escondido, Escondido Officer Aronson, Michael McGuinness, Paul McNamara, State of California, Ed Varso, IFP Filed, filed by Larry Swadener. (stn) The new case number is 3:24-cv-283-DMS-MSB. Judge Dana M. Sabraw and Magistrate Judge Michael S. Berg are assigned to the case.(stn) (jms) (stn) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Declaration of Service
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Att: 3
(2/12/2024) Supplement Postage Envelope
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