German Zapata v. B. Cates et al
| German Zapata |
| B. Cates, Public Defender Paul Rogers, Alexa Elliot, Officer James Lopez and Police Officer James Lopez |
| 8:2021cv00781 |
| April 26, 2021 |
| US District Court for the Central District of California |
| Steve Kim |
| John A Kronstadt |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 5
ORDER RE REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES by Judge John A. Kronstadt that the request to Proceed without Prepayment of Fling Fees #3 is hereby DENIED. IT IS RECOMMENDED by Magistrate Judge Steve Kim for the following reasons: (1) Frivolous, malicious, or fails to state a claim upon which relief may be granted. (2) Leave to amend would be futile. (3) This denial may constitute a strike under the "Three Strikes" provision governing the filing of prisoner suits. See O'Neal v. Price, 531 F.3d 1146, 1153 (9th Cir. 2008). (4) Plaintiff cannot sue for section 1983 damages based on his conviction unless it has been overturned. Heck v. Humphrey, 512 U.S. 477, 487-89 (1994). Habeas corpus is his exclusive remedy for early release. Id. at 481. FURTHER ORDERED that this case is hereby DISMISSED immediately. (MD JS-6, Case Terminated.) (jp)
|
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and referred to Magistrate Judge Steve Kim. (jtil) |
| Filing 3 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Plaintiff German Zapata. (jtil) |
| Filing 2 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Plaintiff German Zapata. The Plaintiff does not consent. (jtil) |
| Filing 1 CIVIL RIGHTS COMPLAINT filed by Plaintiff German Zapata against Defendants B. Cates, Alexa Elliot, James Lopez, Paul Rogers, pursuant to 42 USC 1983. Case assigned to Judge John A. Kronstadt and referred to Magistrate Judge Steve Kim. (Attachments: #1 CV71) (jtil) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
