Heredia v. Stainer et al
| Joseph Heredia |
| Michael Stainer, Amy Miller, Sorvino and Ken Phillips |
| 3:2015cv00888 |
| April 21, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| Kern |
| Gonzalo P. Curiel |
| Barbara Lynn Major |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
8
ORDER Granting 5 Plaintiff's Motion for Leave to Proceed in forma pauperis; Dismissing First Amended Complaint for Failing to State a Claim Upon Which Relief May Be Granted. The Secretary CDCR, or his designee, is ordered to collect from pri son trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk o f the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). (Order electronically transmitted to Secretary of CDCR). The Court grants Plaintiff 45 days leave in which to re-open his case by filing an Amende d Complaint which cures all the deficiencies of pleading noted above. The Clerk of Court is directed to mail Plaintiff a copy of a court approved civil rights complaint form. Signed by Judge Gonzalo P. Curiel on 11/10/15. (All non-registered users served via U.S. Mail Service)Civil rights complaint form mailed to Plaintiff. (dlg)
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Filing
3
ORDER Denying 2 Motion for Leave to Proceed in forma pauperis. The action is dismissed without prejudice for failure to prepay the $400 filing fee required. Plaintiff is granted forty-five (45) days from the date of this Order in which to re-open his case by either: (1) paying the entire $400 statutory and administrative filing fee, or (2) filing a new Motion to Proceed IFP. The Clerk of the Court is directed to provide Plaintiff with a Court approved form "Motion and Declaration in Support of Motion to Proceed IFP" in this matter. Signed by Judge Gonzalo P. Curiel on 7/13/15. (All non-registered users served via U.S. Mail Service)(IFP form mailed to Plaintiff. dlg)
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