Monarrez v. California Department of Corrections and Rehabilitation et al
| Ezequiel Monarrez |
| California Department of Corrections and Rehabilitation, Jeffery Beard, C. Hubbard, A. Murphry, Institution Gang Investigators Unit and Does 1 through 50 |
| 3:2016cv02712 |
| October 28, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| Kern |
| Mitchell D. Dembin |
| Janis L. Sammartino |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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ORDER: (1) Granting 3 Motion for Leave to Proceed In Forma Pauperis; And (2) Dismissing Complaint For Failing To State A Claim. It is ordered that the Secretary CDCR, or his designee, is ordered to collect from prison trust account the $35 0 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 a mount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). (Order electronically transmitted to Secretary of CDCR) The Court dismisses Plaintiff's Complaint for failing to state a claim upon which relief may be granted purs uant to 28 U.S.C. 1915(e)(2) (B)(ii) and 1915A(b)(1), and grants him 45 days leave from the date of this Order in which to file an Amended Complaint which cures the deficiencies of pleading noted. Plaintiff's Amended Complaint must be complete by itself without reference to his original pleading. If Plaintiff fails to file an Amended Complaint within 45 days, the Court will enter a final Order dismissing this civil action based both on Plaintiff's failure to state a claim. Signed by Judge Janis L. Sammartino on 2/23/2017. (All non-registered users served via U.S. Mail Service)(dxj)
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