Whatley v. Gray

Whatley v. Gray

Plaintiff:	Reginald Wayne Whatley
Defendant:	A. Gray
Case Number:	3:2017cv01591
Filed:	August 8, 2017
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	San Diego
Presiding Judge:	Dana M. Sabraw
Presiding Judge:	Nita L. Stormes
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
February 8, 2018	Filing 6 ORDER Dismissing Amended Complaint for failing to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A(b)(1). The Court finds Plaintiff's Amended Complaint fails to state a claim upon which relief may be granted and DIS MISSES this civil action without further leave to amend pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A(b)(1). The Court further CERTIFIES that an IFP appeal of this Order of dismissal would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). The Clerk is DIRECTED to close the file. Signed by Judge Dana M. Sabraw on 2/8/2018.(All non-registered users served via U.S. Mail Service)(aef) (sjt).
October 26, 2017	Filing 4 ORDER: 1) Granting 2 Motionto Proceed in forma pauperis and 2) Dismissing Complaint for Failing to State a Claim pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b). The Court GRANTS Plaintiff's Motion to Proceed IFP pursuant to 28 U .S.C. § 1915(a); DIRECTS the Secretary CDCR, or his designee, is ordered to collect 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 2 0% 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); DISMISSES Plaintiff's Complaint for failing t o state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b), and GRANTS him forty-five (45) days leave from the date of this Order in which to file an Amended Complaint which cures all the deficiencies of pleading noted. Signed by Judge Dana M. Sabraw on 10/26/2017. (Order electronically transmitted to Secretary of CDCR) (All non-registered users served via U.S. Mail Service)(aef)

Date Filed

Document Text

February 8, 2018

Filing 6 ORDER Dismissing Amended Complaint for failing to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A(b)(1). The Court finds Plaintiff's Amended Complaint fails to state a claim upon which relief may be granted and DIS MISSES this civil action without further leave to amend pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A(b)(1). The Court further CERTIFIES that an IFP appeal of this Order of dismissal would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). The Clerk is DIRECTED to close the file. Signed by Judge Dana M. Sabraw on 2/8/2018.(All non-registered users served via U.S. Mail Service)(aef) (sjt).

October 26, 2017

Filing 4 ORDER: 1) Granting 2 Motionto Proceed in forma pauperis and 2) Dismissing Complaint for Failing to State a Claim pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b). The Court GRANTS Plaintiff's Motion to Proceed IFP pursuant to 28 U .S.C. § 1915(a); DIRECTS the Secretary CDCR, or his designee, is ordered to collect 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 2 0% 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); DISMISSES Plaintiff's Complaint for failing t o state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b), and GRANTS him forty-five (45) days leave from the date of this Order in which to file an Amended Complaint which cures all the deficiencies of pleading noted. Signed by Judge Dana M. Sabraw on 10/26/2017. (Order electronically transmitted to Secretary of CDCR) (All non-registered users served via U.S. Mail Service)(aef)

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Plaintiff: Reginald Wayne Whatley
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Defendant: A. Gray
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