Freddy Leyva v. Jeri Shepherd et al
| Freddy Leyva |
| Jeri Shepherd and Ms. D.D.S. |
| 2:2023cv00990 |
| February 9, 2023 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| Sunshine Suzanne Sykes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 FINANCIAL ENTRY: Received $4.42 initial partial filing fee from plaintiff FREDDY LEYVA on 04/04/2023, receipt number 552, re: Order on Request to Proceed In Forma Pauperis with Declaration in Support (CV-60),, #8 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (fa) |
Filing 12
ORDER RE PLAINTIFFS LETTER [DKT. 11] by Judge Sunshine Suzanne Sykes: In response to his letter Plaintiff is advised as follows: (1) Plaintiffs filing fee in this case covers only this action. Any payment he makes on the filing fee for this action does not satisfy the filing fee due in any other matters he has filed here or in other courts, such as the matter he filed in Case No. 2:23- cv-0987- SSS-RAP that was later transferred to the Southern District of California. (2) Plaintiff should verify with prison officials whether they have received sufficient notice and authorization to disburse funds from Plaintiffs inmate trust account to make payments on the filing fee in this action. (3) Any disbursements from Plaintiffs inmate trust account are to be made in compliance with 28 U.S.C. 1915, which requires monthly payments of 20 percent of the preceding months income credited to the prisoner's account until the full fee is paid, as long as the amount in the account exceeds $10. 28 U.S.C 1915(b)(2). This action will not be dismissed if Plaintiff has no funds available. (4) Generally, a person has no right to counsel in civil actions. Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir.2009). However, [t]he court may request an attorney to represent any personunable to afford counsel. 28 U.S.C. 1915(e)(1). A court will do so only inexceptional circumstances and, in making a determination of exceptionalcircumstances, will consider the likelihood of success on the merits as well as the ability of the [litigant] to articulate his claims pro se in light of the complexity of the legal issues involved. Palmer, 560 F.3d at 970 (internal quotation marks and citation omitted). Plaintiff is further advised that the Court cannot provide legal advice to any party, including pro se litigants. To the extent accessible to Plaintiff, there is a free Pro Se Clinic that can provide information and guidance about many aspects of civil litigation in this Court. The Los Angeles Clinic is located at the Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012. Pro se litigants must call or submit an on-line application to request services as follows: on-line applications can be submitted at http://prose.cacd.uscourts.gov/los-angeles, or call (213) 385-2977, ext. 270. In addition, the Public Law Center runs a free Federal Pro Se Clinic at the Santa Ana federal courthouse where pro se litigants can get information and guidance. Visitors to the clinic must make an appointment by calling (714) 541-1010 (x 222). IT IS SO ORDERED. See order for more information. (shb)
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| Filing 11 Letter from Freddy Leyva re Response to IFP re Order on Request to Proceed In Forma Pauperis with Declaration in Support (CV-60), #8 (shb) |
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Filing 10
ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Rozella A. Oliver. For the reasons set forth in the Order, the FAC is dismissed with leave to amend. If Plaintiff intends to pursue this matter, he shall file a "Second Amended Complaint" by April 20, 2023. If, given the contents of this Order, Plaintiff elects not to proceed in this action, he may expedite matters by signing and returning the attached Notice of Dismissal by the foregoing deadline which will result in the voluntary dismissal of this action without prejudice. SEE ORDER FOR COMPLETE DETAILS. (Attachments: #1 Complaint Form, #2 Dismissal Form) (dml)
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| Filing 9 INMATE STATEMENT REPORT filed by Plaintiff Freddy Leyva. (dml) |
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Filing 8
ORDER ON REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES (PRISONER NON-HABEAS CASE) #7 by Judge Sunshine Suzanne Sykes. IT IS THEREFORE ORDERED that: The Request is GRANTED. Plaintiff now owes the Court the total filing fee of $350.00. An initial partial filing fee of $4.42 is due immediately; this case may be dismissed if that amount is not received by the Court within 30 days. Thereafter, monthly payments must be forwarded to the Court as provided in 28 U.S.C. 1915(b)(2). (lom)
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| Filing 7 REQUEST to Proceed Without Prepayment of Filing Fees, Declaration in Support filed by Plaintiff Freddy Leyva. CLERKS NOTICE: The Clerk of Court is in receipt of a Request to Proceed in Forma Pauperis. The California Mens Colony (CMC) in San Luis Obispo is DIRECTED to submit a certified Prison Trust Account Statement for Freddy Leyva CDC AW1767 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account Statement must reflect the activity for the last six months. Please email the certified Prison Trust Account Statement in pdf format to PrisonerFilings_CACD@cacd.uscourts.gov with the case number and inmate name in the subject line as reflected on this notification.(hr) |
| Filing 6 FIRST AMENDED COMPLAINT against Defendants D.D.S.(California Mens Colony, official capacity), D.D.S.(Richard J. Donovan Correctional Facility, official capacity), D.D.S.(Richard J. Donovan Correctional Facility, individual), D.D.S.(California Mens Colony, individual); Party Jeri Shepherd terminated, amending Complaint (Prisoner Civil Rights) #1 filed by Plaintiff Freddy Leyva. (hr) |
| Filing 5 MINUTES (IN CHAMBERS) by Judge Sunshine Suzanne Sykes: DENYING PLAINTIFFS APPLICATION TO PROCEED WITHOUT PREPAYMENT OF THE FILING FEES [DKTS. 2 & 4]. Because Plaintiff has failed to state a claim on which relief may be granted, the complaint is DISMISSED WITHOUT PREJUDICE. However, the Court grants leave for Plaintiff to file an amended complaint curing the deficiencies described above within 30 days of this order. re #2 , #4 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 4 INMATE STATEMENT REPORT filed by Plaintiff Freddy Leyva. (dml) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Rozella A. Oliver. (lh) |
| Filing 2 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Plaintiff Freddy Leyva. CLERKS NOTICE: The Clerk of Court is in receipt of a Request to Proceed in Forma Pauperis. The California Mens Colony (CMC) in San Luis Obispo is DIRECTED to submit a certified Prison Trust Account Statement for Freddy Leyva CDC AW1767 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account Statement must reflect the activity for the last six months. Please email the certified Prison Trust Account Statement in pdf format to PrisonerFilings_CACD@cacd.uscourts.gov with the case number and inmate name in the subject line as reflected on this notification. (lh) |
| Filing 1 CIVIL RIGHTS COMPLAINT filed against Defendants D.D.S.(California Mens Colony, official capacity), D.D.S.(Richard J. Donovan Correctional Facility, official capacity), D.D.S.(Richard J. Donovan Correctional Facility, individual), D.D.S.(California Mens Colony, individual), Jeri Shepherd pursuant to 42:1983. Case assigned to Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Rozella A. Oliver. Filed by Plaintiff Freddy Leyva. (lh) |
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