Pegueros v. Villasenor et al

Plaintiff: Eduardo Pegueros
Defendant: Juan Villasenor, David Lusche, Faries and Federal Board of Prisons
Case Number: 3:2010cv01866
Filed: August 31, 2010
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Barbara Lynn Major
Presiding Judge: Janis L. Sammartino
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28:1331 Federal Question: Bivens Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
October 18, 2011 8 Opinion or Order of the Court ORDER Sua Sponte DISMISSING without Prejudice First Amended Complaint for Failing to State a Claim: Plaintiff is GRANTED 45 days leave from the date this Order is filed in which to file a Second Amended Complaint which cures all the deficiencies of pleading. The Clerk of Court is directed to mail a Court approved form civil rights complaint to Plaintiff. Signed by Judge Janis L. Sammartino on 10/18/11.(All non-registered users served via U.S. Mail Service)(form sent)(lmt)
October 12, 2010 3 Opinion or Order of the Court ORDER (1) granting 2 Motion for Leave to Proceed in forma pauperis, imposing initial partial filing fee and garnishing balance from prisoner's trust account and (2) sua sponte dismissing complaint for failing to state a claim: The Warden for t he Metropolitan Correctional Center, or his designee, is ordered to collect the $5.65 initial partial filing fee assessed by this Order and forward that amount to the Clerk of Court, if those funds are available at the time this Order is execute d. The Warden for the Metropolitan Correctional Center, or his designee, is ordered to collect from Plaintiff's prison trust account the balance of the $350 filing fee owed in this case by collecting monthly payments from Plaintiff's p rison trust account in an amount equal to 20 percent of the preceding month's income credited to the account 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). The Clerk of the Court is directed to serve a copy of this Order on Warden, Metropolitan Correctional. Plaintiff is further granted 45 days leave from the date this Order is filed in which to file a First Amended Complaint which cures al l the deficiencies of pleading noted above. The Clerk of Court is directed to mail a Court approved form civil rights complaint to Plaintiff. Signed by Judge Janis L. Sammartino on 10/12/10.(All non-registered users served via U.S. Mail Service; form sent; cc Warden)(lmt)

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Plaintiff: Eduardo Pegueros
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Defendant: Juan Villasenor
Represented By: U S Attorney CV
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Defendant: David Lusche
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Defendant: Faries
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Defendant: Federal Board of Prisons
Represented By: U S Attorney CV
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