Jeremiah Leo Hernandez v. San Luis Obispo County Jail Medical Staff et al
| Jeremiah Leo Hernandez |
| San Luis Obispo County Jail Medical Staff, Amanda Unknown, J. Gottwald, Jonathan Lepp and Dr. R. Cader |
| 2:2023cv05043 |
| June 23, 2023 |
| US District Court for the Central District of California |
| Maame Ewusi-Mensah Frimpong |
| Shashi H Kewalramani |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing 8
(In Chambers): Order Re: Request to Proceed In Forma Pauperis (ECF No. 6) by Judge Maame Ewusi-Mensah Frimpong. Plaintiff is advised that his Complaint was dismissed without prejudice. A dismissal without prejudice does not prevent him from correcting the pleading deficiencies in his original Complaint with a new Complaint filed under a different case number. See Semtek Intern. Inc. v. Lockheed Martin Corp., 531 U.S. 497, 505 (2001) ("The primary meaning of 'dismissal without prejudice,' we think, is dismissal without barring the plaintiff from returning later, to the same court, with the same underlying claim.). Thus, if Plaintiff still wishes to pursue his claims, he must initiate a new case in this Court by filing a new Complaint and a new request to proceed in forma pauperis. The request to proceed in forma pauperis filed in this case (ECF No. 6) is denied as moot. It is so ordered. (yl)
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| Filing 7 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Letter #5 . The following error(s) was/were found: Other error(s) with document(s): All matters must be called to a judges attention by appropriate application or motion filed. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (et) |
| Filing 6 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Plaintiff Jeremiah Leo Hernandez. (hr) |
| Filing 5 LETTER from Plaintiff Jeremiah Leo Hernandez (hr) |
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Filing 4
ORDER by Judge Maame Ewusi-Mensah Frimpong: DENYING #2 REQUEST for Leave to Proceed without Prepayment of Filing Fee. As explained in the attached statement, it is absolutely clear that the deficiencies in the complaint cannot be cured, this case is hereby DISMISSED WITHOUT PREJUDICE. (See document for further details) MD JS-6, Case Terminated. (yl)
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| Filing 3 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and referred to Magistrate Judge Shashi H. Kewalramani. (ghap) |
| Filing 2 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Jeremiah Leo Hernandez. (ghap) |
| Filing 1 CIVIL RIGHTS COMPLAINT filed against Defendants R. Cader(individual), R. Cader(Dr. at San Luis Obispo County Jail, official capacity), J. Gottwald(HSA, official capacity), J. Gottwald(individual), Jonathan Lepp(individual), Jonathan Lepp(Grievaner Respondent, Medical Staff, official capacity), San Luis Obispo County Jail Medical Staff, Amanda Unknown(individual), Amanda Unknown(Wellpath Official, Drug and Alcohol Nurse, official capacity) pursuant to 42:1983. Case assigned to Judge Maame Ewusi-Mensah Frimpong and referred to Magistrate Judge Shashi H. Kewalramani., filed by plaintiff Jeremiah Leo Hernandez. (Attachments: #1 CV-71) (ghap) |
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