Andrews v. Whitman et al
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|Date Filed||#||Document Text|
|June 24, 2010
ORDER granting 118 Motion to Certify Appeal Not Taken in Good Faith. The Court certifies this appeal is not taken in good faith, without prejudice to any decision by the Court of Appeals regarding allowing Plaintiff to proceed in forma pauperis. Signed by Judge Larry Alan Burns on 6/23/2010. (USCA Case No. 09-55625. Order electronically transmitted to US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
|March 27, 2009
ORDER Overruling Objections to Report and Recommendations; Order Adopting 84 Report and Recommendations; Order Denying 96 Motion for Leave to File Second Amended Complaint; and Order of Dismissal: Plaintiff's request for judicial notice of 1 5 Cal Code Regs. 3401.5 is granted. All claims against Defendants for money damages are dismissed with prejudice. The Court also reaffirms its previous dismissal of all claims against the CDCR. In all other respects the FAC is dismissed without preju dice but without leave to amend, for failure to exhaust administrative remedies. Plaintiff's request for leave to add claims and Defendants is denied. Defendants' request that Plaintiff be charged with a strike under 1915(g) is denied without prejuidce. Signed by Judge Larry Alan Burns on 03/27/09. (All non-registered users served via U.S. Mail Service).(mkz)
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