Hatcher v. Blake et al
| Robert Hatcher |
| Blake, San Diego Jail Medical Doctor, Medical Staff and Nurses |
| 3:2018cv00561 |
| March 16, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Michael M. Anello |
| Mitchell D. Dembin |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
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CLERK'S JUDGMENT. 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 Federal Rule of Civil Procedure 41(b) in compliance with the Court's 5/17/2018 Order requiring amendment. The Court further certifies that an IFP appeal would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). (All non-registered users served via U.S. Mail Service)(rmc)
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Filing
8
ORDER Granting 6 Motion to Proceed in Forma Pauperis; Dismissing Complaint for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2)and § 1915A(b) and Denying 3 Ex Parte Motion to Set Pre-Trial Hearing Dates. The Watch Commander of SDCJ, 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 cre dited 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 directs the Clerk of the Court to serve a copy of this Order on the Watch Command er, San Diego Central Jail, 1173 Front St., San Diego, California, 92101. The Court dismisses Plaintiff's Complaint for failing to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A(b) (1), and grants him 45 days leave from the date of this Order in which to file an Amended Complaint which cures all the deficiencies of pleading noted. If Plaintiff fails to file an Amended Complaint within the time provided, the Court will enter a f inal Order dismissing this civil action based both on Plaintiff's failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1), and his failure to prosecute in compliance with a court order requiring amendment. Signed by Judge Michael M. Anello on 5/17/2018. (All non-registered users served via U.S. Mail Service)(Copy to Watch Commander)(rmc)
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