Chatman v. Cush Acura et al
| Eric C. Chatman |
| Cush Acura, Adam Rossman, Allen Sweetow, Acura Corporation and Terry Elmani |
| 3:2017cv01852 |
| September 7, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Bernardino |
| Jill L. Burkhardt |
| William Q. Hayes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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Filing
20
ORDER: 1) Granting Motion to Proceed in Forma Pauperis (ECF No. 12 ) and 2) Dismissing Civil Action for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Secretary CDCR, or his designee, is ordered to collect from prison tr ust 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 20% 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). The Court Dismisses Plaintiff's Complaint for failure to state a claim upon which § 1983 relief can granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), and Denies leave to amend as futile. The Court Certifies that an IFP appeal from this Order would be frivolous, and therefore not taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). The Clerk of Court is directed to close the file. Signed by Judge William Q. Hayes on 11/21/2017. (Per Order, Secretary of CDCR has been served electronically and via U.S. Mail Service)(All non-registered users served via U.S. Mail Service)(ajs)
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Filing
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ORDER Denying Motion To Proceed In Forma Pauperis (Dkt # 2 ) And Dismissing Action Without Prejudice: Plaintiff is granted forty-five (45) days in which to re-open his case by either: (1) paying the entire $400 statutory and administrative fili ng fee, or (2) filing a new Motion to Proceed IFP. If Plaintiff neither pays the $400 filing fee in full nor sufficiently completes and files the Motion to Proceed IFP, this action will remained dismissed without prejudice, and without further Order of the Court. Signed by Judge William Q. Hayes on 10/16/2017. (All non-registered users served via U.S. Mail Service. Per Order, a blank IFP motion form also was sent to plaintiff.) (mdc)
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