Adkins v. Panish et al
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|Date Filed||#||Document Text|
|December 26, 2007
ORDER granting 2 pla's Motion for Leave to Proceed in forma pauperis. The Secretary of the California Department of Corrections and Rehabilitation (CDCR), or his designee, is ordered to collect the $.60 initial partial filing fee assessed by this Order and forward that amount to the Clerk of Court.The Secretary of the CDCR, or his designee, is ordered to collect from Plaintiffs prison trust account the $349.40 balance of the filing fee owed in this case by collecting monthly pay ments from Plaintiffs prison trust account in an amount equal to twenty percent (20%) of the preceding months income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in a ccordance with 28 U.S.C. § 1915 (b)(2). Plaintiffs Complaint is dismissed without prejudice both for failing to state a claim upon which relief may be granted and for seeking monetary relief against defendants who are immune pursuant to 28 U.S.C . § 1915(e)(2)(B) and § 1915A(b). Moreover, because the Court finds amendment of Plaintiffs § 1983 claims would be futile at this time, leave to amend is denied. Signed by Judge Jeffrey T. Miller on 12/26/07; cc: James E. Tilton. (tkl)
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