Scott Joseph Faulkner v. County of Riverside et al
| California Central District Court | |
| Judge: | Otis D Wright, II |
| Referred: | John D Early |
| Case #: | 5:24-cv-00424 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Feb 15, 2024 |
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| Docket last updated: 05/19/2025 11:59 PM PDT |
| Friday, May 16, 2025 | ||
| 30 | 30
order
For Order
Fri 05/16 11:05 AM
ORDER by Magistrate Judge John D. Early: INITIAL SCHEDULING ORDER ON THE SECOND AMENDED COMPLAINT. (SEE DOCUMENT FOR DETAILS) (aro) |
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| Wednesday, May 14, 2025 | ||
| 29 | 29
order
R&R - Accepting Report and Recommendations
Thu 05/15 9:29 AM
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Otis D. Wright, II.24 IT IS HEREBY ORDERED that: 1. the Report (Dkt. 24) is approved and accepted. The case shall proceed solely on the SAC's: (a) Fourteenth Amendment claims against the County and Dep. Myers, Cpl. Lundy, Dep. Bernart, Sgt. Murphy, Sgt. Ibrahim, Sgt. Tanger, Dr. Cudal, Nurse Sadie, and Dep. Harter; and (b) American with Disabilities Act claim against the County, and not as to any other claim or defendant. [See Order for further details.] (san) |
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| Wednesday, March 12, 2025 | ||
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order
Amend/Correct
Wed 03/12 4:11 PM
MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early: Order re Plaintiff's Notices of Errata/Motions to Amend26 27 . Plaintiff's Requests (Dkt. 26 and 27) are DENIED, but the Court notes Plaintiff's intention to amend the SAC to assert an individual capacity Fourteenth Amendment claim against Deputy Harter if the District Judge approves the Report. IT IS SO ORDERED. (SEE DOCUMENT FOR DETAILS). (aro) |
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| Wednesday, March 05, 2025 | ||
| 27 | 27
motion
Amend/Correct
Thu 03/06 2:38 PM
NOTICE of Errata/REQUEST to Amend the SAC filed by Plaintiff Scott Joseph Faulkner. (hr) |
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| 26 | 26
motion
Amend/Correct
Thu 03/06 2:36 PM
NOTICE of Errata/REQUEST to Amend the SAC filed by Plaintiff Scott Joseph Faulkner. (hr) |
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| 25 | 25
respoth
Objection to Report and Recommendation
Thu 03/06 2:34 PM
OBJECTION to Report and Recommendation24 filed by Plaintiff Scott Joseph Faulkner.(hr) |
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| Tuesday, February 18, 2025 | ||
| 24 | 24
reportrecommend
Report and Recommendation (Issued)
Tue 02/18 1:58 PM
REPORT AND RECOMMENDATION issued by Magistrate Judge John D. Early. IT IS THEREFORE RECOMMENDED that the District Court issue an order: (1) approving and accepting this Report and Recommendation; (2) dismissing without further leave to amend all claims against Sheriff Bianco, Cpt. Flakes, Lt. Uriarte, Lt. Rodriguez, Sgt. Coleman, Sgt. Johnson 1, Sgt. Johnson 2, Sgt. Wambaugh, Dep. Lopez, Dep. Chandler, Dep. Leyva, Dep. McKinney, Dep. Fisher, Dep. Vazquez, Dep. Zeller, Dep. Piceno, Dep. Leal 1, Cpl. Woody, Dep. Leal 2, Dep. Camacho, Sgt. Dominguez, Dep. Leavitt, Dep. Comstock, Dep. Overton, Dep. Nanez, Dep. Mitchell, Dep. Hernandez, Dep. Lucas, Dep. Gomez, N.P. Enobakhare, Nurse Robert, Nurse Tracy, Nurse Brent; Dep. Dotson, Dep. McCandless, and Dep. Espanol; (3) granting Plaintiff leave to file a Notice of Errata/Request to Amend the SAC by which Plaintiff may request leave to name Dep. Harter in an individual capacity to the SAC's Fourteenth Amendment claim only and no other change, with such Notice to be filed within 21 days of the date the District Judge signs an order accepting this Report; upon filing of a timely, compliant Notice, the Court will direct that the SAC be so amended; failure to file such a compliant Notice within the time permitted will result in Dep. Harter being dismissed without leave to amend; and (4) directing that the case shall otherwise proceed solely on the SAC's: (a) Fourteenth Amendment claims against the County and Dep. Myers, Cpl. Lundy, Dep. Bernart, Sgt. Murphy, Sgt. Ibrahim, Sgt. Tanger, Dr. Cudal, Nurse Sadie, and, if Plaintiff complies with paragraph (3), above, Dep. Harter, as provided above; and (b) ADA claim against the County. Re Complaint (Prisoner Civil Rights)1 . (aro) |
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| 23 | 23
reportrecommend
Notice of Report and Recommendation
Tue 02/18 1:51 PM
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John D. Early. Objections to R&R due by 3/10/2025. (aro) |
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| Wednesday, January 15, 2025 | ||
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misc
Letter
Thu 01/16 10:14 AM
LETTER from Plaintiff Scott Joseph Faulkner (hr) |
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| Thursday, October 24, 2024 | ||
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attorney
Change of Address
Fri 10/25 9:42 AM
NOTICE of Change of Address to Smith Correctional Facility, 1627 S. Hargrave St., Banning, CA 92220. Filed by Plaintiff Scott Joseph Faulkner. (hr) |
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| Thursday, September 19, 2024 | ||
| 20 | 20
othcmp
Amended Complaint
Fri 09/20 12:12 PM
SECOND AMENDED COMPLAINT against Defendants Unknown Bernart, Chad Blanco, Unknown Camacho, Unknown Chandler, Unknown Coleman, Unknown Comstock, County of Riverside, Cecilia Cudal, Unknown Dominguez, Unknown Dotson, Roselin Enobaknave, Unknown Espanol, Unknown Ferguson, Unknown Fisher, Shannon Flakes, Unknown Gomez, Unknown Harter, Unknown Hernandez, Christopher Ibrahim, Unknown Johnson(individual (1)), Unknown Johnson(Individual (2)), Unknown Leal(individual), Unknown Leavitt, Unknown Leyva, Unknown Lopez, Unknown Lucas, Unknown Lundy, Unknown McCandless, Unknown McKinney, Unknown Meyers, Unknown Mitchell, Unknown Murphy, Unknown Nanez, Unknown Overton, Unknown Plceno, Unknown Rodriguez, Unknown Tanger, Brent Unknown, Robert Unknown, Sadie Unknown, Tracy Unknown, Unknown Uriarte, Unknown Vasquez, Unknown Wambaugh, Unknown Woody, Unknown Zeller; Party Thomas Hylund (individual), John Doe (individual), Michael Mesisca (M.D., individual), Thomas Minahan (M.D., individual), Unknown Prtyan (individual), Unknown Sediqi (individual), Unknown Gerrard (individual) and David Holm (individual) terminated, amending First Amended Complaint6 , filed by Plaintiff Scott Joseph Faulkner(hr) |
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Part 6,
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Part 8,
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Part 9,
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Part 10,
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Part 11,
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Part 12,
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Part 13,
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Att: 13
Part 14,
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Att: 14
Part 15
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order
Amend/Correct
Thu 09/19 5:03 PM
MINUTE (In Chambers) Order Granting Plaintiff's Motion to Amend (Dkt. 18) and Directing the Second Amended Complaint Is the Operative Pleading by Magistrate Judge John D. Early: granting18 MOTION to Amend Complaint. As such, the SAC shall be the operative pleading in the case, subject to screening by the Court under 28 U.S.C. §§ 1915(e)(2), 1915A. The Clerk's Office is directed to file the SAC as a separate docket entry entitled "Second Amended Complaint". (hr) |
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| Tuesday, September 17, 2024 | ||
| 18 | 18
motion
Amend/Correct
Thu 09/19 10:17 AM
MOTION to Amend Complaint filed by Plaintiff Scott Joseph Faulkner. (hr) |
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Part 2,
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Att: 2
Part 3,
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Att: 3
Part 4
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| Friday, August 23, 2024 | ||
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order
Amend/Correct
Fri 08/23 2:46 PM
MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early, Order Denying Plaintiff's Motion to Amend (Dkt. 15) Without Prejudice. For the foregoing reasons, the Motion (Dkt. 15) is DENIED without prejudice to Plaintiff filing a timely second amended complaint that complies with the Order and the foregoing. In the interests of justice, the Court sua sponte extends the deadline for Plaintiff to select one of the options provided in the Order and file the document required by that option from August 28, 2024 (see Dkt. 14) to September 11, 2024. All other provisions of the Order remain in effect and further extensions are unlikely to be granted.15 (mba) |
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| Tuesday, August 13, 2024 | ||
| 16 | 16
respm
Supplement (Motion related)
Fri 08/16 9:46 AM
SUPPLEMENT to MOTION to Amend Complaint15 , filed by Plaintiff Scott Joseph Faulkner. (mba) |
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| Monday, August 12, 2024 | ||
| 15 | 15
motion
Amend/Correct
Tue 08/13 11:07 AM
MOTION to Amend Complaint filed by Plaintiff Scott Joseph Faulkner. (hr) |
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Att: 1
Lodged Proposed Second Amended Complaint
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| Friday, August 02, 2024 | ||
| 14 | 14
order
Enlargement of Time to File
Fri 08/02 1:43 PM
MINUTES (IN CHAMBERS) by Magistrate Judge John D. Early, Order Granting Plaintiff's Second Extension Request (Dkt. 13). The Request (Dkt. 13) is GRANTED. Plaintiff shall have until August 28, 2024, to comply with the Order. All other provisions of the Order remain in effect.13 (mba) |
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| Thursday, August 01, 2024 | ||
| 13 | 13
motion
Enlargement of Time to File Document
Thu 08/01 5:41 PM
MOTION for Enlargement of Time filed by Plaintiff Scott Joseph Faulkner. (hr) |
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| Tuesday, July 09, 2024 | ||
| 12 | 12
order
Amend/Correct
Tue 07/09 4:04 PM
MINUTE (In Chambers) Order Denying Without Prejudice Plaintiff's Motion to Amend by Magistrate Judge John D. Early: denying9 MOTION to Amend Complaint. (see document for details) (hr) |
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| 11 | 11
order
Enlargement of Time to File
Tue 07/09 12:08 PM
MINUTE (In Chambers) Order Granting Plaintiff's Extension Request by Magistrate Judge John D. Early: granting10 MOTION for Enlargement of Time to File. Plaintiff shall have an additional 14 days, that is, until August 7, 2024, to comply with the Order. (hr) |
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| Monday, July 08, 2024 | ||
| 10 | 10
motion
Enlargement of Time to File Document
Mon 07/08 2:40 PM
MOTION for Enlargement of Time filed by Plaintiff Scott Joseph Faulkner. (hr) |
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| 9 | 9
motion
Amend/Correct
Mon 07/08 2:39 PM
MOTION to Amend Complaint, re: First Amended Complaint6 filed by Plaintiff Scott Joseph Faulkner. (hr) |
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| Monday, June 24, 2024 | ||
| 8 | 8
30+
pgs
order
Order
Mon 06/24 4:51 PM
ORDER REGARDING FIRST AMENDED COMPLAINT by Magistrate Judge John D. Early. As set forth above, it appears that the FAC states Fourteenth Amendment individual capacity claims against Dep. Myers, Dep. Lundy, Dep. Harter, Dep. Bernart. Sgt. Murphy, Sgt. Ibrahim, and Sgt. Tanger, and an official capacity claim against the County, but does not appear to not state any other claim, although the Court cannot say that the deficiencies cannot be cured by amendment. The Court provides Plaintiff with several options as to how to proceed. Within thirty (30) days of this Order, Plaintiff must choose one of the following options and file the document required by that option:(see document for details) (mba) |
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Att: 1
Blank Civil Rights Complaint,
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Att: 2
Blank Notice of Dismissal
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| Wednesday, May 15, 2024 | ||
| 7 | 7
notice
Clerical Error (G-11)
Wed 05/15 12:57 PM
NOTICE OF CLERICAL ERROR: You are hereby notified that due to clerical error, document is illegible and has been replaced by a more legible copy. Re: Amended Complaint6 . (mba) |
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| Monday, May 13, 2024 | ||
| 6 | 6
othcmp
Amended Complaint
Tue 05/14 3:15 PM
FIRST AMENDED COMPLAINT, amending Complaint1 , filed by Plaintiff Scott Joseph Faulkner(hr) |
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| Friday, April 05, 2024 | ||
| 5 | 5
20
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order
Order
Fri 04/05 3:47 PM
ORDER REGARDING COMPLAINT by Magistrate Judge John D. Early. As indicated above, solely for screening purposes, Plaintiff has stated a Fourteenth Amendment claim against Harter in her individual capacity, but the remaining claims appear subject to dismissal. Accordingly, the Court provides Plaintiff with several options as to how to proceed. Within thirty (30) days of this Order, Plaintiff must choose one of the following options and file the document required by that option:(see document for details) (mba) |
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Att: 1
Blank Civil Rights Complaint,
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Att: 2
Blank Notice of Dismissal
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| Monday, April 01, 2024 | ||
| 4 | 4
misc
Financial Entry
Tue 04/02 8:35 AM
FINANCIAL ENTRY: Received $405.00 into the registry of the Court from Scott Joseph Faulkner. Receipt number 780. (igu) |
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| Wednesday, February 28, 2024 | ||
| 3 | 3
notice
Notice of Reference to US Magistrate Judge (CV-25) - optional html form
Wed 02/28 1:01 PM
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and referred to Magistrate Judge John D. Early. (ghap) |
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| Thursday, February 15, 2024 | ||
| 2 | 2
notice
Deficiency in Filed Documents (G-112A) - optional html form
Wed 02/28 12:59 PM
NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Complaint (Prisoner Civil Rights),1 . The following error(s) was/were found: Plaintiff paid $402 owes $3.00 dollars more. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
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| 1 | 1
cmp
Complaint - (Prisoner Civil Rights)
Wed 02/28 12:53 PM
CIVIL RIGHTS COMPLAINT filed against Defendants Unknown Bernart, Chad Blanco, Unknown Camacho, Unknown Chandler, Unknown Coleman, Unknown Comstock, County of Riverside, Cecilia Cudal, Unknown Dominguez, Unknown Dotson, Roselin Enobaknave, Unknown Espanol, Unknown Ferguson, Unknown Fisher, Shannon Flakes, Unknown Gerrard, Unknown Gomez, Unknown Harter, Unknown Hernandez, David Holm, Thomas Hylund, Christopher Ibrahim, John Doe, Unknown Johnson, Unknown Leal(individual), Unknown Leavitt, Unknown Leyva, Unknown Lopez, Unknown Lucas, Unknown Lundy, Unknown McCandless, Unknown McKinney, Michael Mesisca, Unknown Meyers, Thomas Minahan, Unknown Mitchell, Unknown Murphy, Unknown Nanez, Unknown Overton, Unknown Plceno, Unknown Prtyan, Crystal Rodriguez, Unknown Sediqi, Unknown Tanger, Robert Unknown, Sadie Unknown, Tracy Unknown, Unknown Uriarte, Unknown Vasquez, Unknown Wambaugh, Unknown Woody, Unknown Zeller pursuant to 42:1983. Case assigned to Judge Otis D. Wright, II and referred to Magistrate Judge John D. Early., filed by plaintiff Scott Joseph Faulkner. (ghap) |
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