Fonseca v. Colio et al
| Roderick O. Fonseca |
| P. Colio, C. G. Butler, H. Lopez, L. S. McEwen and E. Delgado |
| 3:2012cv00324 |
| February 7, 2012 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Peter C. Lewis |
| Janis L. Sammartino |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
8
ORDER (1) granting 2 Motion for Leave to Proceed in forma pauperis; and (2) Dismissing Complaint for Failure to State a Claim: The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the fili ng fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exc eeds $10 in accordance with 28 USC 1915(b)(2). Order electronically transmitted to Matthew Cate, Secretary CDCR. Plaintiff is GRANTED 45 days leave from the date this Order is "Filed" in which to file a First Amended Complaint which cures all the deficiencies of pleading. Clerk to send 1983 form. Signed by Judge Janis L. Sammartino on 2/28/12. (All non-registered users served via U.S. Mail Service)(lmt)(form sent) (cap).
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