McNeil v. Eply et al
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|Date Filed||#||Document Text|
|February 18, 2009
ORDER (1) Denying Motion For Appointment Of Counsel, (2) Granting Motion To Proceed In Forma Pauperis, Imposing No Initial Partial Filing Fee And Garnishing $350.00 Balance From Inmate's Trust Account, And (3) Dismissing Action Without Prej udice For Failing To State A Claim And For Seeking Monetary Damages Against Defendants Who Are Immune Pursuant To 28 U.S.C. Sections 1915(e)(2)(b) And 1915A(b): Plaintiff's Motion for Appointment of Counsel is denied without prejudice (Doc. 5 ) . Plaintiff's Motion to proceed In Forma Pauperis (Doc. 4 ) is granted. The Secretary of California Department of Corrections and Rehabilitation shall collect from Plaintiff's prison trust account the $350 balance of the filing fee ow ed in this case. The Clerk of the Court is directed to serve a copy of this Order on Matthew Cate, Secretary, California Department of Corrections and Rehabilitation. Plaintiff's Complaint is dismissed. Leave to amend is denied. The Clerk shall close the file. Signed by Judge William Q. Hayes on 2/18/2009. (All non-registered users served via U.S. Mail Service; copy of order mailed to Secretary, CDCR, Sacramento, CA.) (mdc) (jrl).
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