Simmons

Simmons v. CDCR

Good Law

49 F. Supp. 3d 700·2014 WL 4824756·2014 U.S. Dist. LEXIS 137713

United States District Court, Eastern District of CaliforniaSeptember 29, 2014No. 1:10-cv-00553-AWI-GSA-PCCalifornia1,141 words

Opinion

Lead Opinion

Austin, J.

ORDER DENYING REQUEST FOR SCREENING AND REQUEST TO VACATE SUMMONSES

(Doc. 36.)

I. BACKGROUND

Christopher Simmons (“Plaintiff’) is a state prisoner proceeding with counsel in this civil rights action pursuant to Title V of the Americans with Disabilities Act of 1990(ADA), California’s Disabled Person Act (CDPA), and the Unruh Civil Rights Act (Unruh Act). This action was initiated by civil complaint filed by Plaintiff, proceeding pro se, in the Kern County Superior Court on December 17, 2009 (Case # S-1500-CV-269232, DRL). On March 29, 2010, defendant California Department of Corrections and Rehabilitation (CDCR) (“Defendant”) removed the case to federal court by filing a Notice of Removal of Action pursuant to 28 U.S.C. § 1441 (a). 1 (Doc. 1.)

On March 8, 2012, Plaintiff filed the First Amended Complaint. (Doc. 13.) The court screened the First Amended Complaint pursuant to 28 U.S.C. § 1915A and issued an order on July 18, 2013, 2013 WL 3787593 , dismissing the First Amended Complaint, with leave to amend. (Doc. 19.)

On June 30, 2014, the court approved Plaintiffs request to substitute attorney Christopher Simmons as his attorney of record. (Doc. 32.) On October 3, 2013,…

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