Oliver v. Scripps Mesa Developer Office

Justia Dockets & Filings Ninth Circuit California Southern District Oliver v. Scripps Mesa Developer Office

Oliver v. Scripps Mesa Developer Office

Plaintiff:	Christopher Oliver
Defendant:	Scripps Mesa Developer Office
Case Number:	3:2017cv00261
Filed:	February 8, 2017
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	San Diego
Presiding Judge:	Jan M. Adler
Presiding Judge:	Anthony J. Battaglia
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 pr Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 18, 2017	Filing 9 ORDER DISMISSING Civil Action for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Court:1) DISMISSES Plaintiff's Amended Complaint for failing to state a claim upon which relief can be granted pursuant to 28 U.S.C. & #167;§ 1915(e)(2)(B)(ii);2) DENIES leave to amend as futile. See Gonzalez v. Planned Parenthood, 759, F.3d 1112, 1116 (9th Cir. 2014) ("Futility of amendment can, by itself, justify the denial of... leave to amend.") (quoting Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995); Zucco Partners, LLC v. Digimarc Corp., 552 F.3d 981, 1007 (9th Cir. 2009) ("[W]here the plaintiff has previously been granted leave to amend and has subsequently failed to add the requisite particulari ty to its claims, [t]he district court's discretion to deny leave to amend is particularly broad.") (internal quotation marks omitted);3) CERTIFIES that an IFP appeal would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3); and4) DIRECTS the Clerk of Court to close the file. Signed by Judge Anthony J. Battaglia on 10/18/2017.(All non-registered users served via U.S. Mail Service)(acc) (sjt).
July 7, 2017	Filing 7 ORDER granting 2 Plaintiff Leave to Proceed In Forma Pauperis; and dismissing complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Court GRANTS Plaintiff forty-five (45) days leave to file an Amended Complaint which cures the deficiencies of pleading described in this Order. Signed by Judge Anthony J. Battaglia on 7/7/2017. Copy of this order served on Scott Kernan, Secretary, CDCR, via U.S. mail.(All non-registered users served via U.S. Mail Service)(acc)

Date Filed

Document Text

October 18, 2017

Filing 9 ORDER DISMISSING Civil Action for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Court:1) DISMISSES Plaintiff's Amended Complaint for failing to state a claim upon which relief can be granted pursuant to 28 U.S.C. & #167;§ 1915(e)(2)(B)(ii);2) DENIES leave to amend as futile. See Gonzalez v. Planned Parenthood, 759, F.3d 1112, 1116 (9th Cir. 2014) ("Futility of amendment can, by itself, justify the denial of... leave to amend.") (quoting Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995); Zucco Partners, LLC v. Digimarc Corp., 552 F.3d 981, 1007 (9th Cir. 2009) ("[W]here the plaintiff has previously been granted leave to amend and has subsequently failed to add the requisite particulari ty to its claims, [t]he district court's discretion to deny leave to amend is particularly broad.") (internal quotation marks omitted);3) CERTIFIES that an IFP appeal would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3); and4) DIRECTS the Clerk of Court to close the file. Signed by Judge Anthony J. Battaglia on 10/18/2017.(All non-registered users served via U.S. Mail Service)(acc) (sjt).

July 7, 2017

Filing 7 ORDER granting 2 Plaintiff Leave to Proceed In Forma Pauperis; and dismissing complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Court GRANTS Plaintiff forty-five (45) days leave to file an Amended Complaint which cures the deficiencies of pleading described in this Order. Signed by Judge Anthony J. Battaglia on 7/7/2017. Copy of this order served on Scott Kernan, Secretary, CDCR, via U.S. mail.(All non-registered users served via U.S. Mail Service)(acc)

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