Davis v. Sapphire Tower et al
| James Anthony Davis |
| Sapphire Tower, Jane Doe and John Doe |
| 3:2010cv01368 |
| June 28, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Louisa S Porter |
| Janis L. Sammartino |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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ORDER (1) Vacating order granting plaintiff leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915(g) and (2) sua sponte Dismissing first amended complaint as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915(A)(b): Plaintiff's IFP s tatus is revoked pursuant to 28 U.S.C. § 1915(g), and theCourt's 7/13/10 Order granting Plaintiff's Motion to Proceed IFP is vacated to the extent it permitted Plaintiff permission to pay the civil filing fee pursuant to the installmen t payment provisions set forth in 28 U.S.C. § 1915(b)(1) and (2). The Clerk of the Court is directed to serve a copy of this Order on Warden, High Desert State Prison, 22010 Cold Creek Road, Indian Springs, Nevada, 89070. Plaintiff's Firs t Amended Complaint is dismissed as frivolous pursuant to 28 U.S.C.§ 1915A(b). Moreover, because the Court finds amendment of Plaintiff's claims would be futile at this time, leave to amend is denied. This Court certifies that any IFP appe al from this Order would not be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). The Clerk shall close the file. Signed by Judge Janis L. Sammartino on 9/14/10.(All non-registered users served via U.S. Mail Service; Order sent to warden)(lmt) .
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Filing
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ORDER: (1) granting 2 Motion for Leave to Proceed in forma pauperis; (2) Sua Sponte dismissing complaint for failing to state a claim pursuant to 28 U.S.C. section 1915 (e)(2) & 1915A. Plaintiff is GRANTED forty five (45) days leave fromthe date t his Order is filed in which to file a First Amended Complaint which cures all thedeficiencies of pleading noted above. The Clerk of the Court is directed to serve a copy of this Order on Warden, HighDesert State Prison, 22010 Cold Creek Road, Indian Springs, Nevada, 89070. The Clerk of Court is directed to mail a court approved § 1983 form complaint to Plaintiff. Signed by Judge Janis L. Sammartino on 7/13/10. (All non-registered users served via U.S. Mail Service; mailed a copy of this Order to Warden, High Desert State Prison; mailed 1983 form to Plaintiff)(lmt)
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