Mark R. Frisby v. The State of California et al
| Mark R. Frisby |
| The State of California and Cynthia Y. Tampkins |
| 5:2019cv02068 |
| October 29, 2019 |
| US District Court for the Central District of California |
| Maria A Audero |
| Dale S Fischer |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.
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Filing 9
ORDER by Judge Dale S. Fischer DENYING Request to Proceed In Forma pauperis (DKT. #5 ) and DENYING Application to Proceed Without Prepayment of Filing Fees (DKT. #6 ). The Request to Proceed in Forma Pauperis is denied with leave to amend within 30 days. (SEE ORDER FOR SPECIFICS). (jp)
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Filing 8
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: #5 MOTION for Leave to Proceed in Forma Pauperis; #5 MOTION to Reassign Case. Before the Court is a "Request to Proceed In Forma Pauperis and Request For a New Judge to be Appointed to this Case" (Docket No. 5) filed by plaintiff Mark R. Frisby ("Plaintiff"), who is appearing pro se. The filing has been construed as a Motion to Disqualify United States District Judge Dale S. Fischer. The Court finds that Plaintiff's Motion to Disqualify fails to set forth sufficient factual allegations to require disqualification pursuant to 28 U.S.C. 144 and 455, or any evidence tending to show personal bias stemming from an extrajudicial source. Nor is there any basis to believe that any other ground for disqualification exists. Rather, it appears that Plaintiff simply disagrees with the District Judge's order. Accordingly, Plaintiff's Motion to Disqualify is denied. (See document for details) (mrgo)
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| Filing 7 REFERRAL OF MOTION to Disqualify Judge Dale S. Fischer has been filed. Pursuant to GO 19-03 and Local Rule 72-5 REQUEST for Leave to Proceed In Forma Pauperis REQUEST to Reassign Case #5 is referred to Judge Percy Anderson for determination. (rn) |
| Filing 6 APPLICATION to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Plaintiff Mark R. Frisby. (sbou) |
| Filing 5 REQUEST to Proceed In Forma Pauperis and Request for a New Judge to be Appointed to this Case filed by Plaintiff Mark R. Frisby. (Construed as Motion to Disqualify Judge Dale S. Fischer (csi) Modified on 12/19/2019 (rn). |
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Filing 4
ORDER by Judge Dale S. Fischer Denying #2 MOTION for Leave to Proceed in Forma Pauperis: IT WAS RECOMMENDED that the Request to Proceed Without Prepayment of Filing Fees be DENIED by Magistrate Judge Maria A. Audero. Reason: Inadequate showing of indigency. Failure to authorize disbursements from prison trust account to pay the filing fees. Failure to provide certified copy of trust fund statement for the last six (6) months. IT IS ORDERED that the Request to Proceed Without Prepayment of Filing Fees is: DENIED, with leave to amend within 30 days. (bm)
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| RECOMMENDATION issued by Magistrate Judge Maria A. Audero Re: NOTICE OF MOTION AND MOTION for Leave to Proceed In Forma Pauperis #2 . Proposed Order forwarded to the District Judge for approval. (csi) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and referred to Magistrate Judge Maria A. Audero. (esa) |
| Filing 2 MOTION for Leave to Proceed In Forma Pauperis filed by plaintiff Mark R. Frisby. (esa) |
| Filing 1 CIVIL RIGHTS COMPLAINT filed against defendants Cynthia Y. Tampkins, The State of California pursuant to 42 USC 1983pr. Case assigned to Judge Dale S. Fischer and referred to Magistrate Judge Maria A. Audero, filed by plaintiff Mark R. Frisby. (esa) |
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