Rogers et al v. Giurbino et al
| Tyrone Rogers and Michael Anthony Lopez |
| D Foston, M Ayala, Dennis Brown, Unnamed Defendant 2, Alicia Garcia, G J Giurbino, Uribe Domingo, Jr, N Grannis, Unnamed Defendant 1, L Kastner, B Narvis and M Hodges |
| 3:2011cv00666 |
| April 1, 2011 |
| US District Court for the Southern District of California |
| San Diego Office |
| Imperial |
| Peter C. Lewis |
| Barry Ted Moskowitz |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
12
CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that Plaintiffs First Amended Complaint is Dismissed without prejudice. (All non-registered users served via U.S. Mail Service)(ecs)
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Filing
11
ORDER Dismissing First Amended Complaint Pursuant to 28 U.S.C. §§ 1915(e)(2) & 1915A. Plaintiff's Motion for Appointment of Counsel 7 is Denied. Plaintiff's 6 First Amended Complaint is Dismissed without prejudice for failin g to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(b) and § 1915A(b). The Court finds further amendment would be futile. Signed by Judge Barry Ted Moskowitz on 10/3/11. (All non-registered users served via U.S. Mail Service)(ecs)
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Filing
5
ORDER: (1) Severing Claims and Parties Pursuant to Fed.R.Civ.P.21; (2) Denying Motion for Appointment of Counsel [ECF No. 3]; (3) Granting Plaintiff Rogers' Motion to Proceed In Forma Pauperis [ECF No. 4]; and (4) Dismissing Action Purus ant to 28 U.S.C. §§ 1915(e)(2) & 1915A. The claims brought by Plaintiff Lopez are severed from this action pursuant to FED.R.CIV.P. 21. Plaintiff Rogers shall proceed as the sole Plaintiff in this action. Plaintiff's 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 which cures all the def iciencies of pleading noted above. (Order electronically transmitted to Matthew Cate, Secretary CDCR). Signed by Judge Barry Ted Moskowitz on 5/17/11. (All non-registered users served via U.S. Mail Service. Mailed Petitioner a form § 1983 complaint.)(jer)
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