Pedro v. Paramo et al
Pedro Quijas |
Daniel A. Paramo, T. Soto, M. Lopez, Mitchell, I. Bravo, R. Olivarria, B. Self and G. Stratton |
3:2017cv02280 |
November 8, 2017 |
US District Court for the Southern District of California |
San Diego Office |
San Diego |
Anthony J. Battaglia |
William V. Gallo |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 5 ORDER granting 2 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). (Order elec tronically transmitted to Secretary of CDCR) The court 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. DISMISSES Plaintiff's Complaint for faili ng 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). GRANTS Plaintiff forty-five (45) days leave to file an Amended Complaint which cures all the deficiencies of pleading described in this Order. Signed by Judge Anthony J. Battaglia on 12/7/2017. Copy of this order served on Secretary of the CDCR via U.S. mail. (All non-registered users served via U.S. Mail Service)(acc) |
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