Wallace v. Sosa et al
| Tyrone Wallace |
| Sosa, B. Self and Robert Barton |
| 3:2016cv01501 |
| June 15, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Bernard G. Skomal |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
17
ORDER denying Plaintiff's 10 Motion for Preliminary and/or Permanent Injunction and denying 16 Motion to Appoint Counsel. Court dismisses Pla's First Amended Complaint for failing to state a claim upon which 1983 relief can be granted pursuant to 28 USC 1915(e)(2) and 1915A(b). Court denies Pla further leave to amend as futile. Court certifies that an appeal for this final Order of Dismissal would be frivolous and therefore, not taken in good faith pursuant to 28 USC 1915(a)(3). Court directs the Clerk to terminate this civil action and close the file. Signed by Judge Cynthia Bashant on 2/3/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
7
ORDER granting Plaintiff's 2 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). Court denies Pla's 6 Motion to Appoint Counsel. Court dismisses this action for failing to state a claim upon which 1983 relief can be granted pursuant to 28 USC 1915(e)(2)(B)(ii) and 1915 A(b)(1). Pla is granted 45 days leave from the d ate of this Order to re-open his case by filing an Amended Complaint which cures all the deficiencies of pleading. If Pla fails to file an Amended Complaint within the time provided, this action will remain dismissed without prejudice based on his fa ilure to state a claim upon which relief can be granted pursuant to 28 USC 1915(e)(2)(B)(ii) and 1915A(b)(1). Signed by Judge Cynthia Bashant on 9/12/2016. (Order electronically transmitted to Secretary of CDCR) (All non-registered users served via U.S. Mail Service) (jah)
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