Simril v. Paramo, et al.
| Anthony Simril |
| M Glynn and Daniel Paramo |
| 3:2013cv01220 |
| May 22, 2013 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Gonzalo P. Curiel |
| Peter C. Lewis |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
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ORDER granting Plaintiff's 5 Motion for Leave to Proceed in Forma Pauperis. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing 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 exceeds $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(b). Pla is granted 45 days leave from the date of this Order is filed to file a First Amended Complaint. If Pla's First Amended Complaint fails to st ate a claim upon which relief may be granted, it may be dismissed w/o further leave to amend and may be counted as a strike under 28 USC 1915(g). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Gonzalo P. Curiel on 7/24/2013. (Copy of this Order mailed to Jeffrey Beard, Ph.D). (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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