Hiezelman et al v. Durham et al
| Robert Hiezelman and Brian McClure |
| Craig Durham, Leslie Johnson, Darlene Smith, Idaho District Judges and John Does |
| 3:2010cv01560 |
| July 22, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Barry Ted Moskowitz |
| William McCurine |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
14
ORDER DISMISSING PLAINTIFF BRIAN McCLURE; GRAINGING 11 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS; AND SUA SPONTE DISMISSING COMPLAINT AS FRIVOLOUS PURSUANT TO 28 U.S.C.§§ 1915(e)(2) & 1915A(b). Plaintiff Brian McClure is DISMISSED fr om this action. Plaintiff Heizelman's Complaint is DISMISSED as frivolous pursuant to 28 U.S.C. § 1915A. Moreover, because the Court finds amendment of Plaintiff's 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 Barry Ted Moskowitz on 9/20/2010. (CC Warden, Metropolitan Correctional Center) (All non-registered users served via U.S. Mail Service)(jer)
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