Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ervin v. County of San Diego

United States District Court, S.D. California

March 26, 2015

JOHN L. ERVIN, an individual, Plaintiff,
v.
COUNTY OF SAN DIEGO, and DOES 1-10, inclusive, Defendants.

ORDER

WILLIAM Q. HAYES, District Judge.

The matters before the Court are Plaintiff's Motion to File First Amended Complaint (ECF No. 33), and Plaintiff's Motion for Permanent Injunction (ECF No. 31-3).

BACKGROUND

On May 6, 2014, Plaintiff John L. Ervin, proceeding pro se, initiated this action by filing a Complaint, alleging that Defendant County of San Diego violated 42 U.S.C. section 1983 and seeking damages and injunctive relief. (ECF No. 1).

On May 28, 2014, Defendant filed a Motion to Stay the Action, or in the alternative, Dismiss Plaintiff's Complaint. (ECF No. 4). On July 21, 2014, the Court issued an Order staying the action "pending final resolution of the related action pending in San Diego County Superior Court." (ECF No. 9 at 2). The July 21, 2014 Order stated that "[b]ased upon the agreement of the parties and the Court's review of the filings in this action, the Court finds that Younger abstention is appropriate due to the pending state-court action captioned, Ervin v. San Diego County, San Diego County Superior Court case number 37-2014-00000207-CU-WM-CTL" and stayed the action "pending final resolution of the related action pending in San Diego County Superior Court." (ECF No. 9 at 2).

On January 27, 2015, Plaintiff filed a document titled "Plaintiff's Notice of State Proceedings Ended." (ECF No. 27). On February 3, 2015, the Court issued an Order construing Plaintiff's Notice of State Proceedings Ended as a Motion to Reopen the case and a Motion for Leave to Amend. (ECF No. 28 at 2). On February 13, 2015, the Court issued an Order granting Plaintiff's Motion to Reopen and Denying Plaintiff's Motion for Leave to amend because Plaintiff's Motion for Leave to Amend was not "accompanied by a copy of the proposed amended pleading, or a version of the proposed amended pleading that shows how the proposed amended pleading differs from the operative pleading" as required by Local Rule 15.1(b). (ECF No. 30 at. 3). The Order further stated that "Plaintiff may file a Motion for Leave to Amend which complies with Local Rule 15.1 within thirty (30) days of the date this Order is issued or the Court will proceed with Plaintiff's Complaint (ECF No. 1) as the operative pleading." (ECF No. 30 at 4).

On February 17, 2015, Plaintiff filed "Plaintiff's Ex Parte Application for an Order Preventing His Listing on CACI." (ECF No. 31).

On February 20, 2015, Plaintiff filed the Motion to File First Amended Complaint. (ECF No. 33). On March 9, 2015, Defendant County of San Diego filed a response. (ECF No. 35). On the same day, Plaintiff filed a reply. (ECF No. 36).

On March 3, 2015, the Court issued an Order on "Plaintiff's Ex Parte Application for an Order Preventing His Listing on CACI" (ECF No. 31) stating that:

IT IS HEREBY ORDERED that Plaintiff's request for "[a] temporary restraining order which compels [D]efendant County to request from California's Department of Justice the removal of [P]laintiff's name from the Child Abuse Central Index" is DENIED. (ECF No. 31-1).
IT IS FURTHER ORDERED that Plaintiff's request for "[a] temporary restraining order which enjoins the County from submitting [P]laintiff's name to the CACI pending further orders of the Court" is DENIED. (ECF No. 31-2).
IT IS FURTHER ORDERED that the motion for permanent injunction (ECF No. 31-3) remains pending. Defendants shall file any response to Plaintiff's motion for permanent injunction by March 16, 2015. Plaintiffs shall file any reply by March 23, 2015.

(ECF No. 34). On March 16, 2015, Defendant filed an opposition to Plaintiff's motion for preliminary injunction. (ECF No. 37). On March 23, 2015, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.