Michael Lauri v. Neotti et al
| Michael Lauri |
| Ted Neotti and Danielle McGuire |
| 3:2017cv01945 |
| September 25, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Anthony J. Battaglia |
| Andrew G. Schopler |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
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ORDER granting 2 Request to Proceed in Forma Pauperis; and Dismissing Complaint for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2) AND § 1915A(b). The Court:1. GRANTS Plaintiff's Motion to Proceed IFP pursuant to 28 U.S. C. § 1915(a) (ECF No. 2).2. DIRECTS the Secretary of the CDCR, or his designee, to collect from Plaintiff's prison trust account the $350 filing fee owed in this case by garnishing monthly payments from his account in an amount equal t o twenty percent (20%) of the preceding month's income and forwarding those payments to the Clerk of the Court each time the amount in the account exceeds $10 pursuant to 28 U.S.C. § 1915(b)(2). ALL PAYMENTS MUST BE CLEARLY IDENTI FIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION.3. DIRECTS the Clerk of the Court to serve a copy of this Order on Scott Kernan, Secretary, CDCR, P.O. Box 942883, Sacramento, California, 94283-0001.4. DISMISSES Plaintiffs 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 § 1915A(b)(1), and DENIES leave to amend as futile. See Rosati v. Igbinoso, 791 F.3d 1037, 1039 (9th Cir. 2015) (leave to amend is not r equired if it is "absolutely clear that the deficiencies of the complaint could not be cured by amendment.") (internal citations omitted).5. CERTIFIES that an IFP appeal from this Order would be frivolous, and therefore not taken in good fa ith pursuant to 28 U.S.C. § 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if appeal would not be frivolous); and6. DIRECTS the Clerk of Court to close the file. Signed by Judge Anthony J. Battaglia on 11/17/2017.(All non-registered users served via U.S. Mail Service)(acc)
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