Schmidt v. Mize et al
| Trevor Neil Schmidt |
| Randy Mize, Saba Sheoboni, Margie G. Woods, William D. Gore and Liberty Health Care Corp. |
| 3:2018cv00725 |
| April 12, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Peter C. Lewis |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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Filing
13
ORDER DISMISSING CASE WITHOUT LEAVE TO AMEND. Court dismisses with prejudice Plaintiff's claims against Defendants Sheoboni and Woods. Court dismisses without prejudice Plaintiff's claims against Liberty Healthcare and Sheriff's Depart ment Deputies 1-10. Court certifies that an IFP appeal would not be taken in good faith pursuant rom28 USC 1915(a)(3). Court directs the Clerk to enter final of judgment of dismissal and to close the file. Signed by Judge Cynthia Bashant on 10/3/2018. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
4
ORDER granting Plaintiff's 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). Court dismisses Plaintiff's Complaint for failing to state a claim upon which relief can be granted and for seeking damages from a defendant who is immune pursuant to 28 USC 1915(e)(2)(B)(i) and 1915A(b)(1),(2). Court grants Plaintiff fort y-five (45) days leave from the date of this Order to file an Amended Complaint. Signed by Judge Cynthia Bashant on 5/29/2018. (Order electronically transmitted to Secretary of CDCR) (All non-registered users served via U.S. Mail Service) (jah)
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