Johns v. Small et al
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|Date Filed||#||Document Text|
|November 29, 2010
ORDER Dismissing Complaint and granting Plaintiff's 2 Motion for Leave to Proceed in Forma Pauperis. Secy of CA Dept of Corrections and Rehabilitation shall collect from Pla's prison trust acct the $350 balance of the filing fee by c ollecting monthly payments from the acct in amount equal to 20% of the preceding month's income and forward to Clerk of Court each time amount in the acct exceeds $10 in accordance w/ 28 USC 1915(b)(2). Pla's Complaint is dismisse d w/o prejudice for failing to state a claim pursuant to 28 USC 1915(e)(2)(b) and 1915A(b). Pla is granted 45 days leave from date this Order is filed to file a First Amended Complaint. If Pla's Amended Complaint fails to state a claim upon whic h relief may be granted, it may be dismissed w/o further leave and may be counted as a "strike" under 28 USC 1915(g) (Order electronically transmitted to Matthew Cate, Secretary CDCR). Signed by Judge Irma E. Gonzalez on 11/28/2010. (Blank Amended 1983 Complaint form t/w copy of this Order mailed to Pla) (All non-registered users served via U.S. Mail Service)(jah)
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