Mallory v. Gore et al
Larry Glenn Mallory |
William D. Gore, Jim Madsen, San Diego County Attorney, San Diego County and Zachary Yarling |
3:2013cv00275 |
February 1, 2013 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
David H. Bartick |
Irma E. Gonzalez |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
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Filing 10 ORDER granting Plaintiff's 8 Motion for Leave to Proceed in Forma Pauperis. The Watch Commander for George Bailey Detention Facility, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee ow ed 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 exceeds 6;10 in accordance with 28 USC 1915(b)(2). Pla's Complaint is dismissed w/o prejudice pursuant to 28 USC 1915(e)(2)(b) and 1915A. Pla is granted 45 days leave from the date this Order is filed to file a First Amended Complaint. Pla's Amende d Complaint must ne complete in itself w/o reference to the superseding pleading. Dfts not named and all claims not re-alleged in the Amended Complaint will be deemed to have been waived. If Pla's Amended Complaint fails to state a claim upon wh ich relief may be granted, it may be counted as a "strike" under 28 USC 1915(g).. Signed by Judge Irma E. Gonzalez on 4/2/2013.(cc: Watch Commander, George Bailey Detention Facility) (Blank First Amended 1983 Complaint form t/w copy of this Order mailed to Plaintiff) (All non-registered users served via U.S. Mail Service) (jah) |
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