France v. Brown et al
||Michael Allen France
||Jerry Brown, Jeffery Beard, (Jose) Garcia and Joseph Singleton
||September 21, 2016
||US District Court for the Southern District of California
||San Diego Office
||Anthony J. Battaglia
||Ruben B. Brooks
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983pr Prisoner Civil Rights
|Jury Demanded By:
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|February 13, 2017
ORDER DISMISSING CASE. The Court: 1) DISMISSES Plaintiff's First Amended Complaint for seeking monetary damages against immune defendants pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b); 2) DENIES Plaintiff's Motion to Introduce Proof of Service (ECF No. 14) as moot; 3) DENIES Plaintiff further leave to amend as futile. See Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 339 (9th Cir. 1996) (denial of a leave to amend is not an abuse of discretion where further amendment woul d be futile); Gonzalez, 759 F.3d at 1116 (district court's discretion in denying amendment is particularly broad when it has previously granted leave to amend); 4) CERTIFIES that an appeal of this final Order of dismissal would be frivolous and therefore, not taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if appeal would not be frivolous); and 5) DIRECTS the Clerk of Court to terminate this civil action and close the file. Signed by Judge Anthony J. Battaglia on 2/13/2017.(All non-registered users served via U.S. Mail Service)(acc)
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