Roddy v. Office of the District Attorney et al
| Richard Paul Roddy, II |
| Office of the District Attorney, Court of Appeal, Fourth District, Appellate Defenders, Inc. and Robert F. O'Neil |
| 3:2017cv01964 |
| September 26, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Larry Alan Burns |
| Peter C. Lewis |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
8
ORDER DISMISSING CASE. The Court dismisses this civil action in its entirety without prejudice based on Plaintiff's failure to state a claim upon which § 1983 relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A (b), and his failure to prosecute pursuant to Fed. R. Civ. P. 41(b) in compliance with the Court's 11/28/2017 Order. The Clerk of Court is directed to enter a final judgment of dismissal and close the file. Signed by Judge Larry Alan Burns on 2/20/2018.(All non-registered users served via U.S. Mail Service)(jdt)
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Filing
5
ORDER granting 4 Motion for Leave to Proceed in forma pauperis. 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 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 di smisses Plaintiff's Complaint (ECF No. 1) for failing to state a claim. The Court grants Plaintiff thirty (30) days leave from the date of this Order in which to file an Amended Complaint which cures all the deficiencies of pleading noted. (Orde r electronically transmitted to Secretary of CDCR). Signed by Judge Larry Alan Burns on 11/28/2017. (Copy of order mailed to Watch Commander. Copy of order and blank 1983 form mailed to Plaintiff.) (All non-registered users served via U.S. Mail Service)(jdt)
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Filing
3
ORDER Denying 2 Motion to Proceed In Forma Pauperis and Dismissing Action Without Prejudice. Plaintiff's Motion to Proceed IFP (Doc. No. 2 ) is denied and the action is dismissed without prejudice for failure to prepay the $400 filing fe e required by 28 U.S.C. § 1914(a). Plaintiff is granted forty-five (45) days from the date of this Order in which to re-open his case by either: (1) paying the entire $400 statutory and administrative filing fee, or (2) filing a new Motion to Proceed IFP, which includes a certified copy of his trust account statement for the 6-month period preceding the filing of his Complaint pursuant to 28 U.S.C. § 1915(a)(2) and S.D. Cal. CivLR 3.2(b). Signed by Judge Larry Alan Burns on 10/13/2017.(All non-registered users served via U.S. Mail Service)(Motion and Declaration in Support of Motion to Proceed IFP form sent to Plaintiff)(lrf)
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