Turner v. Metropolitan Transit System et al
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|Date Filed||#||Document Text|
|November 20, 2009
ORDER Denying 5 Amended Motion for Leave to Proceed in forma pauperis as Moot; and Dismissing Amended Complaint for Failing to State a Claim and for Seeking Damages from Defendants Who are Immune: Because the Court finds amendment of Plaintiffs 67; 1983 claims would be futile at this time, leave to amend is DENIED. Further, this Court CERTIFIES that any IFP appeal from this Order would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). Signed by Judge M. James Lorenz on 11/20/2009. (All non-registered users served via U.S. Mail Service)(mjj) (av1).
|June 4, 2009
ORDER Directing Monthly Payments be made from Prison Account of David B. Turner, Jr., ORDER DISMISSING CASE for Failing to State a Claim. Motion Granted: 2 MOTION for Leave to Proceed in forma pauperis filed by David B Turner, Jr. Plaintiff is furt her GRANTED forty five (45) days leave from the date this Order is filed in which to file a First Amended Complaint which cures all the deficiencies of pleading. Plaintiff is cautioned that should he elect not to amend, or if his Amended Complaint st ill fails to state a claim upon which relief may be granted, the dismissal of this action may hereafter be counted as a strike against him pursuant to 28 U.S.C. § 1915(g). See McHenry v. Renne, 84 F.3d 1172, 1177-79 (9th Cir. 1996). Signed by Judge M. James Lorenz on 6/4/2009. (All non-registered users served via U.S. Mail Service)(Sent Order to California Dept. of Corrections).(mjj)
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