In re Michael Williams
||Jane and/or John Does 1-50, John Doe 2, A. Sangha and John Doe 1
||June 14, 2012
||US District Court for the Southern District of California
||San Diego Office
||XX US, Outside State
||William Q. Hayes
||Nita L. Stormes
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|July 25, 2012
ORDER: (1) Granting Plaintiff's Motion To Proceed In Forma Pauperis, Imposing No Partial Filing Fee And Garnisidng $350 Balance From Prisoner's Trust Account Pursuant To 28 U.S.C. Section 1915(a) (Doc. 9 ); (2) DISMISSING First Amende d Complaint For Failing To State A Claim Pursuant To 28 U.S.C. Sections 1915(e)(2)(B) And 1915A(b): The Secretary CDCR, or his designee, shall collect from Plaintiff's prison trust account the $350 balance of the filing fee owed in this cas e by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month's 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. Section 1915(b)(2). 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 noted. Signed by Judge William Q. Hayes on 7/25/2012. (All non-registered users served via U.S. Mail Service; per Order, a blank Section 1983 Second Amended Complaint form also was mailed to Plaintiff; Order electronically transmitted to Matthew Cate, Secretary CDCR.) (mdc)
|July 3, 2012
ORDER DISMISSING CIVIL ACTION Without Prejudice For Failing To Pay Filing Fee Required By 28 U.S.C. Section 1914(a) And/Or Failing To Move To Proceed In Forma Pauperis Pursuant To 28 U.S.C. Section 1915(a): The Court GRANTS Plaintiff 45 days leave fr om the date this Order is filed to: (a) prepay the entire $350 civil filing fee in full; or (b) complete and file a Motion to Proceed In Forma Pauperis. If Plaintiff fails to either prepay the $350 civil filing fee or complete and submit th e Motion to Proceed In Forma Pauperis within that time, this action shall remain dismissed without prejudice and without further Order of the Court. Signed by Judge William Q. Hayes on 7/2/2012. (All non-registered users served via U.S. Mail Service; per Order, a blank IFP Motion form also was mailed to Plaintiff.) (mdc)
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