United States Magistrate Judge Deborah Barnes (DB) United States Magistrate Judge Stanley A. Boone (SAB) Recalled United States Magistrate Judge Edmund F. Brennan (EFB) In four cases, the court dismissed the action based on a finding that those allegations were frivolous. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969). Add to your subscription and access more dockets and more documents! (May 21, 2014 order dismissing action as frivolous (ECF No. 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. ); see also Driver v. ADA 1824 Panels, No. State courts "are the ultimate expositors of state law." Therefore, he does not establish an exception to the three-strikes rule of § 1915(g). . 2:19-cv-1539 TLN AC P, 2020 WL 1865292, at *2 (E.D. Appointed to the Appeals Court by Governor Brad Henry, she was sworn into office on July 8, 2008.

Judges sitting on the courts may be incompetent, corrupt or lazy. See Chinsami v. Lozano, No. "); Fed.

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.

2:18-cv-3265 AC P, 2019 WL 1532278, at *3 (E.D. See Fed. 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. That experience taught her the value of mentoring, something she has continued to do in her career.

§ 1983. P. 11. Judge Barnes received her B.A. 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. Cal.)

For the reasons set forth below, this court grants the motion to proceed in forma pauperis and finds plaintiff has not stated a cognizable claim for relief under § 1983. "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." Id.

Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. . Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. The charging allegations must be set forth in the amended complaint so defendants have fair notice of the claims plaintiff is presenting. Plaintiff made all or some of the allegations made here in each of the cases cited above. April 8, 2019); Herrera v. California State Superior Courts, No. That is, the "imminent danger" exception is available "for genuine emergencies," where "time is pressing" and "a threat . Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Vay Williams Hi, I'm Kathy Box Doyle. She also worked for the A.G.'s office from 1993 to 2000. 12)). Deborah and Ron lived at the Merrill house for the first three years of their married life. Judge Barnes was a vice president, corporate secretary and associate general counsel at Oneok Inc. in Tulsa from 1997 until 2001. Cal. During her first year on the court, she taught and mentored students in the oil and gas law course she taught for the University of Tulsa business school. 2:19-cv-2298 KJM EFB P (Feb. 5, 2020 Findings and Recommendations (ECF No. (quoting Sweaney v. Ada County, Idaho, 119 F.3d 1385, 1391 (9th Cir. so defendant can control another human brain by computer" found frivolous)); Chinsami v. Singh, No. However. She was retained in 2010 and 2014. Listed below are those cases in which this Featured Case is cited. Langford v. Day, 110 F.3d 1380, 1389 (9th Cir. She was appointed by Governor Brad Henry and her retention date was July 9, 2008. As numerous judges in this district have held in similar cases, plaintiff's claim, as best this court can tell, raises only a question of state law. 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. That said, plaintiff need not provide every detailed fact in support of the claims. An amended complaint must be complete in itself without reference to any prior pleading. Henry appointed her in 2005. 2:19-cv-2298 KJM EFB P (Feb. 5, 2020 Findings and Recommendations (ECF No. Within thirty days after being served with these findings and recommendations, plaintiff may file written objections with the court. Barnes Joins Eastern District; Three Others Named to Bench, Magistrate Judge, United States District Court for the Eastern District of California, Congratulations Deborah Barnes Sacramento's Newest Magistrate Judge, United States Magistrate Judge Deborah Barnes. 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). Plaintiff has done nothing in his present complaint to render these allegations any less fantastical than there were in 2012 when he first alleged them in this court. 15, §§ 3495-95; requesting an expedited parole suitability hearing under Cal.

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. 2003). In an amended complaint, the allegations must be set forth in numbered paragraphs. § 1915(g). § 1915A(a). §§ 1914(a), 1915(b)(1). R. Civ. Brooke Fries P. 10(b). 2:19-cv-2608 KJM CKD P, 2020 WL 4818566, at *2 (E.D. Cal. See Galbraith v. County of Santa Clara, 307 F.3d 1119, 1125 (9th Cir. Proposition 57 added Article 1, Section 32 to the California Constitution. J. PICKETT, Defendant. 7)); (4) Chinsami v. Harrison, No. § 1915(a). In any event, plaintiff has not, and likely cannot, state a claim cognizable under § 1983. Apr.

Penal Code § 3041.5(d)(1); or filing a petition to recall his sentence in the Superior Court under Cal. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).
Brad Henry, a Democrat. Click on the case name to see the full text of the citing case. She was retained in 2010 and 2014. 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." Strive 4 Jive 2025. The cases held to be strikes are: (1) Chinsami v. Fox, No.
at 1057 n.11. janderson@caed.uscourts.gov See Andrews, 493 F.3d at 1051-52 (noting § 1915(g)'s exception for IFP complaints which "make[ ] a plausible allegation that the prisoner faced `imminent danger of serious physical injury' at the time of filing."). You know the Cookie Drill... Vote Results Back to vote.

See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002) ("Rule 8(a) is the starting point of a simplified pleading system, which was adopted to focus litigation on the merits of a claim. Imminent danger of serious physical injury must be a real, present threat, not merely speculative or hypothetical. Code Regs. . R. Civ. A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Plaintiff's application to proceed in forma pauperis (ECF No. See Andrews v. Cervantes, 493 F.3d 1047, 1052 (9th Cir. Dale A. Drozd to District Judge. She went on to earn her J.D. 2:14-cv-461 EFB (May 14, 2014 Order (plaintiff's claims that CDCR "planted a computer programmer eye lens in [his eye]" and that prison officials were controlling his mind by computer deemed "fantastical" and "frivolous")); Chinsami v. Silbaugh, No. Cal. 1:17-cv-386 AWI BAM, 2018 WL 400320, at *4 (E.D. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. Barnes is running for re-election for judge of the Oklahoma Court of Civil Appeals. Robert T. Matsui United States Courthouse, Pete Buzo Cal. Your subscription was successfully upgraded. These payments will be forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. 1982) (citations omitted). See 28 U.S.C. "[A]ssertions of imminent danger of less obviously injurious practices may be rejected as overly speculative or fanciful." Aug. 19, 2020); Russell v. Diaz, No. 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.She was appointed by Governor Brad Henry and her retention date was July 9, 2008. adopted, 2020 WL 3840557 (E.D. United States District Court, E.D. 28 U.S.C. § 1983. For the foregoing reasons, and good cause appearing, IT IS HEREBY ORDERED as follows: Listed below are the cases that are cited in this Featured Case. Ivey v. Bd. Judges Jane Wiseman, Deborah Barnes, and Keith Rapp are all up for election. claim is and the grounds upon which it rests.'" 2:18-cv-1062 TLN AC P (E.D. 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. Jan. 12, 2018). See Chinsami v. Lozano, 2:19-cv-2298 KJM EFB P (Mar. Please wait a moment while we load this page. 23, 2020); Hernandez v. Diaz, No. By signing an amended complaint, plaintiff certifies he has made reasonable inquiry and has evidentiary support for his allegations, and for violation of this rule the court may impose sanctions sufficient to deter repetition by plaintiff or others. White v. Colorado, 157 F.3d 1226, 1231-32 (10th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 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. § 1983. She went on to earn her J.D. P. 8. Cal.) 2:19-cv-1662 JAM KJN P, 2020 WL 1450731, at *2, (E.D. 26)). Plaintiff be ordered to pay the $400 filing fee within fourteen days from the date of any order adopting these findings and recommendations and be warned that failure to do so will result in the dismissal of this action. Judge Barnes was awarded the James C. Lang Mentoring Award by the Tulsa County Bar Association. from the University of the Pacific, McGeorge School of Law in 1986. E.D. California.https://leagle.com/images/logo.png. (September 17, 2013 order dismissing action after plaintiff failed to submit an amended complaint within allotted time following dismissal of complaint for failure to state a claim (ECF No. Each of these cases was dismissed prior to the filing of the complaint in the present case as well. 2) be denied; and.


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