Atwood II v. United States of America et al
| David Garland Atwood II |
| United States of America and U.S. Probation |
| 3:2017cv01315 |
| June 27, 2017 |
| U.S. District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Michael M. Anello |
| Barbara Lynn Major |
| Other Civil Rights |
| 28 U.S.C. § 1331 |
| Plaintiff |
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Filing
45
CLERK'S JUDGMENT. The Court denies Plaintiff's motion for recusal. Additionally, the Court grants Defendant's motion and dismisses Plaintiff's FAC with prejudice.(All non-registered users served via U.S. Mail Service)(rmc)
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Filing
19
ORDER Directing U.S. Marshal to Effect Service of Summons and First Amended Complaint Pursuant to 28 U.S.C. § 1915(D) and Federal Rule of Civil Procedure 4(C)(3). The Court denies Plaintiff's request to appoint counsel without prejudice. Th e Court directs the Clerk of Court to issue a summons as to Plaintiff's First Amended Complaint (Doc. No. 18) upon Defendant and forward it to Plaintiff along with a blank U.S. Marshal Form 285. In addition, the Clerk of Court will provide Plain tiff with a certified copy of this Order, a certified copy of his First Amended Complaint, and the summons so that he may serve Defendant. Upon receipt of this "IFP Package," Plaintiff must complete the Form 285 as completely and accurately as possible, and return it to the United States Marshal according to the instructions the Clerk provides in the letter accompanying his IFP package. The U.S. Marshal is thereafter directed to serve a copy of the First Amended Complaint and summons u pon Defendant as directed by Plaintiff on the USM Form 285. All costs of service will be advanced by the United States. The Court orders Defendant, once properly served, to reply to Plaintiff's First Amended Complaint within the time provided by the applicable provisions of Federal Rule of Civil Procedure 12(a). Signed by Judge Michael M. Anello on 11/2/2018.(All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (rmc)
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Filing
11
ORDER Responding to 10 Referral Notice and Revoking in forma pauperis Status on Appeal. After review of the record herein, the Court concludes that Plaintiff's appeal lacks any arguable basis in law or fact, and thus is considered as not bei ng taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). Accordingly, the Court hereby REVOKES Plaintiff's IFP status. The Clerk of Court is directed to notify the Ninth Circuit Court of Appeals of this Order. Signed by Judge Michael M. Anello on 7/19/2017. (USCA Case Number 17-56010. Order electronically transmitted to the US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
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