Whatley v. Gray
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|Date Filed||#||Document Text|
|February 8, 2018
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
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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