Lawrence Kirkley v. Aries Limbaga et al
| Lawrence Kirkley and Leon Kirkley |
| Aries Limbaga and Libby Wilson |
| 2:2023cv02683 |
| April 6, 2023 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Maria A Audero |
| 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 May 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 REQUEST to Proceed Without Prepayment of Filing Fees, Declaration in Support filed by Plaintiff Lawrence Kirkley. (es) |
Filing 7
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER TO SHOW CAUSE WHY ACTION IS NOT TIME-BARRED #1 . Because Plaintiff, a state prisoner, is seeking leave to proceed without prepayment of the filing fees #2 , the Court has screened the Complaint for the purpose of determining whether the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief (SEE DOCUMENT FOR SPECIFIC DISCUSSION AS ENUMERATED HEREIN). Absent further evidence, the Complaint appears to be barred as untimely. Plaintiff is ORDERED TO SHOW CAUSE in writing by no later than 30 days from the date of this Order why the Court should not dismiss this action as barred by the statute of limitations. Instead of filing a response to the Order to Show Cause, Plaintiff may request to dismiss this action voluntarily pursuant to Federal Rule of Civil Procedure 41(a), particularly as a complaint dismissed for failure to state a claim without leave to amend may count as a "strike" for purposes of the in forma pauperis statute, 28 USC 1915(g). A Notice of Dismissal Form is attached. Plaintiff is cautioned that failure to respond to this Order may result in a recommendation that the Complaint be dismissed without prejudice for failure to prosecute and/or failure to comply with a court order pursuant to Federal Rule of Civil Procedure 41(b). (lc)
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| Filing 6 NOTICE OF CLERICAL ERROR: Due to clerical error the Case has been reassigned from Judge R. Gary Klausner and Magistrate Judge Alicia G. Rosenberg to Judge Fernando L. Aenlle-Rocha and Magistrate Judge Maria A. Audero for all further proceedings. The case will now reflect the initials of the transferee Judge 2:23-cv-02683-FLA-MAA. (aco) |
| Filing 5 INMATE STATEMENT REPORT filed by Plaintiff Lawrence Kirkley. (kl) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and referred to Magistrate Judge Alicia G. Rosenberg. (ghap) |
| Filing 3 Notice of Deficiency. On 4/6/2023, the Court received, through the United States Mail, a complaint arising under 42 U.S.C. 1983. Please be advised that the Court and California State Prison, Los Angeles County (LAC) are participants in a pilot project that requires all such documents to be scanned and submitted to the Court by electronic mail, General Order No. 18-02. Submission of this complaint by U.S. Mail violates the terms of General Order 18-02. To submit a complaint arising under 42 U.S.C. 1983 to the Court for filing, you must present it to designated LAC staff for scanning and emailing to the Court. If you are unable to comply with these procedures, you must submit with your complaint a motion for leave to file your documents by U.S. Mail that demonstrates good cause for your inability to submit your documents to the Court electronically. You must now re-submit your complaint to the Court electronically. You must submit for scanning an exact copy of the complaint you previously mailed to the Court; it cannot be modified in any way. You must include this notice on top of the complaint submitted for scanning. If your complaint is received in the Court's electronic mail box within two weeks from the date of this letter, your complaint will be deemed filed as of the date that appears on the envelope you originally sent via U.S. Mail. (SEE DOCUMENT FOR FURTHER DETAILS) (ghap) |
| Filing 2 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Lawrence Kirkley.CLERKS NOTICE: The Clerk of Court is in receipt of a Request to Proceed in Forma Pauperis. The California State Prison, Los Angeles County (LAC) in Lancaster is DIRECTED to submit a certified Prison Trust Account Statement for Lawrence Kirkley K84395 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. (ghap) |
| Filing 1 CIVIL RIGHTS COMPLAINT filed against Defendants Aries Limbaga(individual), Aries Limbaga(CEO, official capacity), Libby Wilson(Surgeon, CEO, official capacity), Libby Wilson(individual) pursuant to Case assigned to Judge R. Gary Klausner and referred to Magistrate Judge Alicia G Rosenberg., filed by plaintiff Lawrence Kirkley. (ghap) |
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