Schmidt v. Mize et al
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|Date Filed||#||Document Text|
|May 29, 2018
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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