Wallace v. Olivarria et al
Tyrone Wallace |
R. Olivarria, B. Self, R. Armendariz, J. McNeil and D. Arguilez |
3:2016cv01808 |
July 12, 2016 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Cynthia Bashant |
Peter C. Lewis |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 25 ORDER denying Plaintiff's 22 Motion to Appoint Counsel. Court dismisses Plaintiff's Second Amended Complaint for failing to state a claim upon which 1983 relief may be granted pursuant to 28 USC 1915(e)(2) and 1915A(b). Court denies Plai ntiff 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). Clerk is directed to terminate this civil action and close the file. Signed by Judge Cynthia Bashant on 2/8/2017. (All non-registered users served via U.S. Mail Service) (jah) |
Filing 19 ORDER granting Plaintiff's 16 Motion for Leave to Proceed in forma pauperis and 18 Motion for Leave to Proceed in forma pauperis; denying Plaintiff's 13 Motion to Appoint Counsel The Secretary CDCR, or his designee, is ordered to c ollect 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 dismisses this action for failing to state claim upon which 1983 relief can be granted pursuant to 28 1915(e)(2)(B)(ii) and 1 915A(b)(1). Court grants Plaintiff 45 days leave from the date of this Order to re-open the case by filing an Amended Complaint. Signed by Judge Cynthia Bashant. (Order electronically transmitted to Secretary of CDCR) (All non-registered users served via U.S. Mail Service) (Blank 1983 Complaint form t/w copy of the Order mailed to Plaintiff) (jah) |
Filing 7 ORDER Denying Plaintiff's 6 Motion for Reconsideration. Signed by Judge Cynthia Bashant on 8/11/2016. (All non-registered users served via U.S. Mail Service)(rlu) |
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