Salazar v. Montejano et al
| Tyrell Salazar |
| J. Padilla, E. Montejano, G. Osuna and F. Perdomo |
| 3:2019cv00348 |
| February 19, 2019 |
| US District Court for the Southern District of California |
| Michael M Anello |
| William V Gallo |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2019. A more recent docket listing may be available from PACER.
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Filing 8
ORDER (1) Granting #3 Plaintiff Leave to Proceed in Forma Pauperis; (2) Dismissing Complaint for Failing to State a Claim Pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b); and (3) Denying #7 Motion for Extension of Time as Moot. The Court orders the Acting 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 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). The Court directs the Clerk of the Court to serve a copy of this Order on Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation. The Court dismisses Plaintiff's Complaint for failing to state a claim upon which 1983 relief can be granted pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A(b)(1). The Court grants Plaintiff 45 days leave from the date of this Order in which to file an Amended Complaint that cures the deficiencies of pleading described above. Plaintiff's Amended Complaint must be complete by itself without reference to his original complaint. The Clerk of Court is directed to mail Plaintiff a blank civil rights form complaint which he may use to submit an amended complaint, if any. Signed by Judge Michael M. Anello on 4/18/2019. (All non-registered users served via U.S. Mail Service)(Blank Amended 1983 Complaint form mailed to Plaintiff)(rmc)
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| Filing 7 MOTION for Extension of Time to File by Tyrell Salazar. Nunc Pro Tunc 4/8/2019.(jms) |
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Filing 6
Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Accepting Document: Motion for Extension of Time, from Plaintiff Tyrell Salazar. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 4/8/2019. Signed by the Chambers of Judge Michael M. Anello on 4/9/2019.(All non-registered users served via U.S. Mail Service)(jms)
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| Filing 5 Prisoner Trust Fund Account Statement by Tyrell Salazar. (jms) |
| Filing 4 COMPLAINT with Jury Demand against E. Montejano, G. Osuna, J. Padilla, F. Perdomo, filed by Tyrell Salazar.($400 Filing Fee, Fee Not Paid, IFP Previously Filed) (Attachments: #1 CDCR Cover Sheet)The new case number is 3:19-cv-348-MMA-WVG. Judge Michael M. Anello and Magistrate Judge William V. Gallo are assigned to the case.[Case in Screening per 28 USC 1915] (jms) |
| Filing 3 Prisoner Trust Fund Account Statement by Tyrell Salazar. (jms) Modified to Motion for Leave to Proceed in Forma Pauperis on 4/18/2019 for purpose of docketing ruling (rmc). |
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Filing 2
Notice of Document Discrepancies and Order Thereon by Judge Michael M. Anello Rejecting re #1 Complaint,, from Plaintiff Tyrell Salazar. Non-compliance with local rule(s), Initial case filings (42 U.S.C. 1983 Complaint, Motion to Proceed In Forma Pauperis, etc.) exceed the page limitations set by S.D. Cal. CivLR 8.2(a) and S.D. Cal. General Order 653A, and are notaccompanied by a properly supported Motion to Exceed page limitations or Motion for EmergencyRelief from General Order 653A.; Initial case filings (42 U.S.C. 1983 Complaint, Motion toProceed In Forma Pauperis, etc.) received by U.S. Mail and not properly e-filed in accordance withS.D. Cal. General Order 653A.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties, Original Document was returned to the filer. Signed by Judge Michael M. Anello on 2/20/2019.(All non-registered users served via U.S. Mail Service)(jms)
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| Filing 1 **STRIKEN DOCUMENT** COMPLAINT with Jury Demand against E. Montejano, G. Osuna, J. Padilla, F. Perdomo, filed by Tyrell Salazar.($400 Filing Fee, Fee Not Paid, IFP Not Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-348-MMA-WVG. Judge Michael M. Anello and Magistrate Judge William V. Gallo are assigned to the case.[Case in Screening per 28 USC 1915] (jms) |
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