Thornton v. Neotti et al
| William Cecil Thornton |
| George A Neotti, Jackson, T Calnas, John Doe #3, John Doe #4 and Peterson |
| 3:2010cv01677 |
| August 6, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| Kern |
| Larry Alan Burns |
| Bernard G. Skomal |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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Filing
13
ORDER Dismissing Second Amended Complaint Without Prejudice for Failure to State a Claim Pursuant to 28 U.S.C. 1915(e)(2)(B) & 1915A(b); because plaintiff has been provided two opportunities, but still has failed to sufficiently state a claim, the Court finds further amendment would be futile; the Clerk of Court is directed to close the file; Signed by Judge Larry Alan Burns on 12/31/10.(All non-registered users served via U.S. Mail Service)(kaj)
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Filing
3
ORDER granting plaintiff's 2 motion to proceed in forma pauperis; the Secretary of California Department of Corrections and Rehabilitation, or his designee, shall collect from Plaintiffs prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the account in an amount equal to twenty percent (20%) of the preceding months income and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 U.S.C. § 1915(b)(2); Plaintiffs Complaint is dismissed without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(b) and 1915A(b). However, Plaintiff is granted forty five (45) days leave from the date this Order is Filed in which to file a First Amended Complaint. (Order electronically transmitted to Matthew Cate, Secretary CDCR). Signed by Judge Larry Alan Burns on 8/20/10. (All non-registered users served via U.S. Mail Service)(kaj)
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