Hernandez v. Kernan
| Steve Gilbert Hernandez |
| Scott Kernan |
| 3:2018cv00160 |
| January 23, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| Imperial |
| Peter C. Lewis |
| Dana M. Sabraw |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
14
ORDER denying Motion for Relief from Judgment Pursuant to FRCP60(b) [ECF Nos. 11 , 13 ]. Signed by Judge Dana M. Sabraw on 8/12/2019. (All non-registered users served via U.S. Mail Service)(jrm)
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Filing
8
ORDER: (1) Denying 5 Motion for Extension of Time as Moot; and (2) Dismissing First Amended Complaint. The Court DENIES Plaintiff's Motion for Extension of Time to File FAC [ECF No. 5] as moot; DISMISSES this civil action without further leave to amend pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b). Because the Court finds further amendment futile, leave to amend is DENIED. The Clerk of Court is DIRECTED to close the file. Signed by Judge Dana M. Sabraw on 4/17/2018.(All non-registered users served via U.S. Mail Service)(aef)
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Filing
3
ORDER: 1) Granting 2 Motion to Proceed in forma pauperis; and 2) Dismissing Civil Action for failing to state a claim pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A. The Court: GRANTS Plaintiff's Motion to Proceed IFP pursuant to 28 U.S.C. § 1915(a) (ECF No. 2). ORDERS 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 collecting monthly payments from the account in an amount equal to twenty percent (20%) of the preceding month's income and forwarding them to the Clerk of the Court each time the amount in his account exceeds $10 in accordance with 28 U.S.C. § 1915(b)(2). DISMISSES Plaintiff's Complaint (ECF No. 1) for failing 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 thirty (30) days leave from the date of this Order in which to file an Amended Complaint that cures the deficiencies of pleading. Signed by Judge Dana M. Sabraw on 2/7/2018. (All non-registered users served via U.S. Mail Service)(Order electronically transmitted to Secretary of CDCR)(Civil Rights form mailed to Plaintiff) (aef)
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| Plaintiff: Steve Gilbert Hernandez | |
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| Defendant: Scott Kernan | |
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