from the University of California, Berkeley in 1981. United States Magistrate Judge Deborah Barnes, U.S. District Court, E. District of California, Department 27, U.S. District Court, Eastern District of California - Local Rules, U.S. District Court, Eastern District of California - Local Forms, U.S. District Court, Eastern District of California - General Orders, U.S. District Court, E. District of California, Hon. Poll it . The cases held to be strikes are: (1) Chinsami v. Fox, No. Failure to file objections within the specified time may waive the right to appeal the District Court's order. Cal. The availability of the imminent danger exception turns on the conditions a prisoner faced at the time the complaint was filed, not at some earlier or later time. 2:16-cv-2153 KJM AC P (May 28, 2019 Findings and Recommendations (allegation that "CDCR intentionally placed a computer programmer eye lens" in plaintiff's right eye in order to control him found frivolous), rep. and reco. Appointed to the Appeals Court by Governor Brad Henry, she was sworn into office on July 8, 2008. P. 10(b). University of the Pacific McGeorge School of Law: (July 22, 2013 order dismissing action as frivolous and for failure to state a claim upon which relief could be granted (ECF No. Citations are also linked in the body of the Featured Case. April 8, 2019); Herrera v. California State Superior Courts, No. Plaintiff is a state prisoner proceeding pro se. Ron's grandfather, Maurice H. Merrill, was a law professor at the University of Oklahoma. That is, the "imminent danger" exception is available "for genuine emergencies," where "time is pressing" and "a threat . 2007). However. 1982) (citations omitted). v. Listed below are the cases that are cited in this Featured Case. Wiseman took office when Gov. See Chinsami v. Lozano, No. DATES ARE NOT RESERVERD. In the present case, plaintiff alleges a California Department of Corrections and Rehabilitation ("CDCR") ophthalmologist "illegally planted a computer programmer eye lens" in his right eye. § 1915A(a). 3, 2020 Order (ECF No. Jan. 12, 2018). "Vague and conclusory allegations of official participation in civil rights violations are not sufficient." Again, this court agrees with the conclusion in that case that the fact plaintiff is under an involuntary medication order does not demonstrate he is in imminent danger of serious injury. Plaintiff has pursued a number of actions in this court. "To the extent that the violation of a state law amounts to the deprivation of a state-created interest that reaches beyond that guaranteed by the federal Constitution, Section 1983 offers no redress." Judges Jane Wiseman, Deborah Barnes, and Keith Rapp are all up for election. 2:19-cv-2298 KJM EFB P (Feb. 5, 2020 Findings and Recommendations (ECF No. adopted, 2020 WL 3451518 (E.D. DEBORAH BARNES, Magistrate Judge. Rule 8(a)(2) of the Federal Rules of Civil Procedure "requires only `a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to `give the defendant fair notice of what the . The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff. Dale A. Drozd to District Judge. DAMIEN LEE DAVIS, Plaintiff, For the reasons set forth below, this court finds plaintiff fails to meet the standards to proceed in forma pauperis and recommends this action be dismissed if plaintiff fails to pay the filing fee. Magistrate Judge Deborah Barnes (DB) United States District Court - Eastern District of California. janderson@caed.uscourts.gov
2:16-cv-2461 EFB (E.D. Within thirty days after being served with these findings and recommendations, plaintiff may file written objections with the court. A claim is legally frivolous when it lacks an arguable basis either in law or in fact. That said, plaintiff need not provide every detailed fact in support of the claims. Cal. Office: (916) 930- 4128. email: pbuzo@caed.uscourts.gov . J. PICKETT, Defendant. California.https://leagle.com/images/logo.png. Cal.) (May 1, 2017 order dismissing action as frivolous (ECF No. (916) 930-4128, Jonathan Anderson
Cal.) Deborah Barnes is a U.S. Magistrate Judge of the U.S. District Court for the Eastern District of California, Sacramento Division. 1994-2018 Oklahoma County District Judge Elections_Supreme Court Retentions. Cal. May 12, 2020). . 2) be denied; and. See 28 U.S.C. § 1915(a). Nope. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Criminal Duty Schedule: Contact Courtroom Clerk Civil Law and Motion: Civil law and motion is heard every Friday at 10:00 a.m. § 1915A(b)(1) & (2). Henry appointed her in 2005. Her experience before her appointment included serving as a special judge of Tulsa County and as a district judge in District 14, where she worked in the Family Relations Division and also Civil Division. In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint in question, Hospital Bldg. 2:16-cv-2153 KJM AC P (E.D. R. Civ. Apr. Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. Deborah and Ron lived at the Merrill house for the first three years of their married life. Aug. 2, 2019); Ramos v. Spearman, No. See, e.g., Chubbuck v. Brown, No. Const., art. Swarthout v. Cooke, 562 U.S. 216, 222 (2011). July 8, 2020); Eakins v. Diaz, No. It is not clear whether plaintiff is alleging defendant improperly applied Proposition 57 to his case or whether plaintiff is alleging defendant has failed to consider defendant's eligibility at all under Proposition 57. Judge Barnes is a breast cancer survivor. By separate order, the court will direct the appropriate agency to collect the initial partial filing fee from plaintiff's trust account and forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding month's income credited to plaintiff's prison trust account. See, e.g., Villegas v. Spearman, No. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor. Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. § 1983. See Franklin, 745 F.2d at 1227. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Proposition 57 added Article 1, Section 32 to the California Constitution. She was retained in 2010 and 2014. § 636(b)(1). Fed. In any event, plaintiff has not, and likely cannot, state a claim cognizable under § 1983. 2:18-cv-1062 TLN AC P (E.D. She has since won two retention votes in 2010 and 2014, and her next retention vote is scheduled for January 10, 2021. Plaintiff may join multiple claims if they are all against a single defendant. 15, §§ 3495-95; requesting an expedited parole suitability hearing under Cal. (quoting Mullaney v. Wilbur, 421 U.S. 684, 691 (1975)). See Williams v. Paramo, 775 F.3d 1182, 1189 (9th Cir. She was appointed by Governor Brad Henry and her retention date was July 9, 2008. 2002). She also worked for the A.G.'s office from 1993 to 2000. Strive 4 Jive 2025. Section 1983 remedies violations of the Constitution, laws, or treaties of the United States. Langford v. Day, 110 F.3d 1380, 1389 (9th Cir. 1997)). In a complaint filed September 4, 2020, plaintiff seeks relief pursuant to 42 U.S.C. If a prisoner has "three strikes" under § 1915(g), the prisoner is barred from proceeding in forma pauperis unless he meets the exception for imminent danger of serious physical injury. 28 U.S.C. Deborah Barnes (sometimes written as Deborah Browers Barnes) is a judge at the Oklahoma Court of Civil Appeals, the intermediate appellate court in the state of Oklahoma. Plaintiff is a state prisoner proceeding pro se. In four cases, the court dismissed the action based on a finding that those allegations were frivolous. United States District Court, E.D. 2:18-cv-3265 AC P, 2019 WL 1532278, at *3 (E.D. Oklahoma Court of Civil Appeals District 2 – Office 1, Deborah Barnes. Since 2002, she has worked in private practice at Crutchmer, Browers & Barnes. Dec. 17, 2019) ("Plaintiff's allegations regarding unlawful Keyhea orders, forced medication, and painful injections are too vague and conclusory to establish that Plaintiff was in imminent danger of serious physical harm at the time his complaint was filed. This "three strikes rule" was part of "a variety of reforms designed to filter out the bad claims [filed by prisoners] and facilitate consideration of the good." Before the court are plaintiff's motion to proceed in forma pauperis1 and plaintiff's complaint for screening. I'm gonna vote NO 2020 Retention for Oklahoma Supreme Court Civil Appellate Judge Deborah Barnes, beginning the healing of our Courts. Barnes worked for the California Environmental Protection Agency from 2000 to 2003. She was appointed to the District Court in 2016. 2:19-cv-1539 TLN AC P, 2020 WL 1865292, at *2 (E.D. Her legal background also includes a stint with the Federal Defender's Office for the Eastern District (1988 to 1993), the law firm of Weintraub, Genshlea, Hardy, Erick, and Brown (1987 to 1988), and the Sacramento County District Attorney's Office (1986 to 1987). She has since won two retention votes in 2010 and 2014, and her next retention vote is scheduled for January 10, 2021.
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