Escalera v. Public Defenders Office et al

Justia Dockets & Filings Ninth Circuit California Southern District Escalera v. Public Defenders Office et al

Escalera v. Public Defenders Office et al

Plaintiff:	Jesus Escalera
Defendant:	Public Defenders Office, Timothy Murphy and U.S. Marshal, Southern District of California
Case Number:	3:2008cv02168
Filed:	November 21, 2008
Court:	US District Court for the Southern District of California
Office:	Prisoner: Civil Rights Office
County:	San Diego
Presiding Judge:	Ruben B. Brooks
Presiding Judge:	Irma E. Gonzalez
Nature of Suit:	Plaintiff
Cause of Action:	Federal Question
Jury Demanded By:	42:1983 Prisoner Civil Rights

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Date Filed	Document Text
June 3, 2009	Filing 9 ORDER Regarding Plaintiff's 8 Letter Request for Postponement of Proceedings. Because Pla has not filed an amended complaint, his case remains dismissed w/o prejudice pursuant to the reasons set forth in Court's 1/12/2009 Order 12 . If Pla wishes to prosecute this action, he may file a new complaint in this Court under a new case number. Signed by Judge Irma E. Gonzalez on 6/3/2009. (All non-registered users served via U.S. Mail Service).(jah) (jrl).
January 12, 2009	Filing 3 ORDER DISMISSING CASE. Plaintiff Jesus Escalera's 2 MOTION for Leave to Proceed in Forma Pauperis is granted. Warden of the FCI shall collect from Pla's prison trust acct the balance of $350 of the filing fee by collecting monthly pa yments from the acct in an amount equal to 20% of the preceding month's income and forward to the Clerk each time the acct exceeds $10. Pla's Complaint is dismissed w/o prejudice. Pla is granted 45 days leave from the date this Or der is filed to file a First Amended Complaint. If Pla's Amended Complaint fails to state a claim upon which relief may be granted, it may be dismissed w/o further leave to amend and may be counted as a "strike" under 28 USC 1915(g). C opy of the Order mailed to Warden, FCI Memphis. Blank copy of 1983 Complaint form w/ filing instructions t/w copy of this Order mailed to Plaintiff. Case closed. Signed by Judge Irma E. Gonzalez on 1/12/2009. (All non-registered users served via U.S. Mail Service).(jah)

Date Filed

Document Text

June 3, 2009

Filing 9 ORDER Regarding Plaintiff's 8 Letter Request for Postponement of Proceedings. Because Pla has not filed an amended complaint, his case remains dismissed w/o prejudice pursuant to the reasons set forth in Court's 1/12/2009 Order 12 . If Pla wishes to prosecute this action, he may file a new complaint in this Court under a new case number. Signed by Judge Irma E. Gonzalez on 6/3/2009. (All non-registered users served via U.S. Mail Service).(jah) (jrl).

January 12, 2009

Filing 3 ORDER DISMISSING CASE. Plaintiff Jesus Escalera's 2 MOTION for Leave to Proceed in Forma Pauperis is granted. Warden of the FCI shall collect from Pla's prison trust acct the balance of $350 of the filing fee by collecting monthly pa yments from the acct in an amount equal to 20% of the preceding month's income and forward to the Clerk each time the acct exceeds $10. Pla's Complaint is dismissed w/o prejudice. Pla is granted 45 days leave from the date this Or der is filed to file a First Amended Complaint. If Pla's Amended Complaint fails to state a claim upon which relief may be granted, it may be dismissed w/o further leave to amend and may be counted as a "strike" under 28 USC 1915(g). C opy of the Order mailed to Warden, FCI Memphis. Blank copy of 1983 Complaint form w/ filing instructions t/w copy of this Order mailed to Plaintiff. Case closed. Signed by Judge Irma E. Gonzalez on 1/12/2009. (All non-registered users served via U.S. Mail Service).(jah)

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Plaintiff: Jesus Escalera
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Defendant: Public Defenders Office
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Defendant: Timothy Murphy
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Defendant: U.S. Marshal, Southern District of California
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