Simmons v. People of the State of California
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|Date Filed||#||Document Text|
|September 9, 2008
ORDER DISMISSING CASE. Plaintiff's 4 Motion to Proceed IFP is granted. Secy of CA Dept of Corrections shall collect from Pla's prison trust acct the $350 balance of the filing fee by collecting monthly payments from the acct in amt equal to 20% of preceding month's income and forward to Clerk of Court. Pla's Complaint is dismissed w/o prejudice 45 days leave from date this Order is filed to file a First Amended Complaint. If Pla's Amended Complaint fails to state a claim which relief may be granted, it may be dismissed w/o further leave and may be counted as a "strike" under 28 USC 1915(g). Copy of this Order mailed to Matthew Cate, Secy of CA Dept of Corrections. Copy of 1983 Complaint form t/w copy of this Order mailed to Plaintiff. Signed by Judge Irma E. Gonzalez on 9/9/2008. (All non-registered users served via U.S. Mail Service). (jah)
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