Lena v. Becerra et al
Plaintiff: Michael Angelo Lena
Defendant: Xavier Becerra, Donald Specter and California Department of Corrections and Rehabilitation
Case Number: 3:2019cv00810
Filed: May 2, 2019
Court: US District Court for the Southern District of California
Office: San Diego Office
Presiding Judge: Michael S Berg
Referring Judge: Larry Alan Burns
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42:1983pr
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2019 Opinion or Order Filing 20 ORDER of USCA as to #16 Notice of Appeal to the 9th Circuit filed by Michael Angelo Lena. A review of the USDC's docket reflects that the USDC has certified that this appeal is frivolous and is not taken in good faith and has revoked appellant's in forma pauperis status. The USCA may dismiss a case at any time, if the court determines the case is frivolous. Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant files a statement that the appeal should go forward, appellant also must: (1) file in the USCA a motion to proceed in forma pauperis, OR (2) pay to the USDC $505.00 for the filing and docketing fees for this appeal AND file in the USCA proof that the $505.00 was paid. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the USCA may dismiss this appeal as frivolous, without further notice. If the USCA dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. (akr)
May 30, 2019 Filing 19 NOTICE OF APPEAL to the 9th Circuit by Michael Angelo Lena as to #14 Order. Fee not paid. (In #14 Order, the US District Court certified "that an IFP appeal from this Order would be frivolous and therefore, would not be taken in good faith pursuant to 28 U.S.C. 1915(a)(3)." Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr)
May 29, 2019 Filing 18 USCA Time Schedule Order as to #16 Notice of Appeal to the 9th Circuit filed by Michael Angelo Lena. (akr)
May 29, 2019 Filing 17 USCA Case Number 19-55615 for #16 Notice of Appeal to the 9th Circuit filed by Michael Angelo Lena. (akr)
May 23, 2019 Filing 16 NOTICE OF APPEAL to the 9th Circuit by Michael Angelo Lena. Fee not paid. (In #14 Order, the US District Court certified "that an IFP appeal from this Order would be frivolous and therefore, would not be taken in good faith pursuant to 28 U.S.C. 1915(a)(3)." The document was received in the Clerk's Office for the USDC, Northern District of California, on 5/23/2019 and was forwarded to the Clerk's Office for the USDC, Southern District of California, for processing. Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr)
May 8, 2019 Filing 15 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: The Court denies Plaintiff's Motion to Proceed IFP; dismisses this action without prejudice for failure to pay the full statutory and administrative $400 civil filing fee; and certifies that an IFP appeal from this Order would be frivolous and therefore, 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) (jdt)
May 7, 2019 Opinion or Order Filing 14 ORDER: (1) Denying Motion to Proceed In Forma Pauperis as Barred by 28 U.S.C. 1915(g) (ECF No. #9 ) and (2) Dismissing Civil Action Without Prejudice for Failure to Pay Filing Fee Required by 28 U.S.C. 1914(a). The Court certifies that an IFP appeal from this Order would be frivolous and therefore, would not be taken in good faith pursuant to 28 U.S.C. 1915(a)(3). The Court directs the Clerk of Court to close the file. Signed by Chief Judge Larry Alan Burns on 5/7/2019. (All non-registered users served via U.S. Mail Service) (jdt)
May 2, 2019 Filing 13 Chief Judge Larry Alan Burns and Magistrate Judge Michael S. Berg assigned to transfer case from California Nothern District. (All non-registered users served via U.S. Mail Service)(no document attached) (jms)
May 2, 2019 Filing 12 Case transferred in from District of California Northern; Case Number 3:19-cv-00561. Original file received electronically
May 1, 2019 Opinion or Order Filing 11 ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 5/1/19. (lrcS, COURT STAFF) (Filed on 5/1/2019) [Transferred from California Northern on 5/2/2019.]
April 17, 2019 Filing 10 Letter from Michael Angelo Lena, dated 4/9/2019. (Attachments: #(1) Envelope)(tnS, COURT STAFF) (Filed on 4/17/2019) [Transferred from California Northern on 5/2/2019.]
April 16, 2019 Filing 9 Prisoner's Application for Leave to Proceed in forma pauperis filed by Michael Angelo Lena. (Attachments: #(1) Envelope) (tnS, COURT STAFF) (Filed on 4/16/2019) [Transferred from California Northern on 5/2/2019.]
April 8, 2019 Filing 8 Motion for Order filed by Michael Angelo Lena. Responses due by 5/6/2019. Replies due by 5/20/2019. (Attachments: #1 ltr, #2 Envelope)(hdjS, COURT STAFF) (Filed on 4/8/2019) [Transferred from California Northern on 5/2/2019.]
March 28, 2019 Opinion or Order Filing 7 ORDER by Judge James Donato granting #5 Motion Extension of Time. (lrcS, COURT STAFF) (Filed on 3/28/2019) [Transferred from California Northern on 5/2/2019.]
March 21, 2019 Received from plaintiff at R.J. Donovan three (3) copies of Complaint #1 and a request for a date-stamped IFP application. Mailed one copy back to plaintiff with original file-date stamped and enclosed a copy of the Clerk's Notice #2 , a blank IFP application, and a copy of the docket sheet.(ljf, COURT STAFF) (Filed on 3/21/2019) [Transferred from California Northern on 5/2/2019.]
March 13, 2019 Filing 6 Appendix 1 filed byMichael Angelo Lena. (hdjS, COURT STAFF) (Filed on 3/13/2019) (Additional attachment(s) added on 3/14/2019: #1 Appendix 2) (hdjS, COURT STAFF). (Additional attachment(s) added on 3/14/2019: #2 Appendix 3-5) (hdjS, COURT STAFF). (Additional attachment(s) added on 3/14/2019: #3 Appendix 6-9) (hdjS, COURT STAFF). (Additional attachment(s) added on 3/14/2019: #4 Appendix 10) (hdjS, COURT STAFF). (Additional attachment(s) added on 3/14/2019: #5 Appendix) (hdjS, COURT STAFF). (Additional attachment(s) added on 3/25/2019: #6 Envelope) (hdjS, COURT STAFF). (Additional attachment(s) added on 3/26/2019: #7 ltr) (hdjS, COURT STAFF). [Transferred from California Northern on 5/2/2019.]
March 4, 2019 Filing 5 MOTION filed by Michel Angelo Lena. Responses due by 4/1/2019. Replies due by 4/15/2019. (Attachments: #1 letter, #2 Envelope)(hdjS, COURT STAFF) (Filed on 3/4/2019) [Transferred from California Northern on 5/2/2019.]
February 26, 2019 Filing 4 Letter dated 2/17/19 from Michael Lena. (Attachments: #1 Envelope)(hdjS, COURT STAFF) (Filed on 2/26/2019) [Transferred from California Northern on 5/2/2019.]
January 31, 2019 Filing 3 CLERK'S NOTICE re completion of In Forma Pauperis affidavit or payment of filing fee due within 28 days. IFP Form due by 3/11/2019. (rcsS, COURT STAFF) (Filed on 1/31/2019) [Transferred from California Northern on 5/2/2019.]
January 31, 2019 Filing 2 Letter from Michael Angelo Lena. (rcsS, COURT STAFF) (Filed on 1/31/2019) [Transferred from California Northern on 5/2/2019.]
January 31, 2019 Filing 1 COMPLAINT against Xavier Becerra, California Department of Corrections and Rehabilitation, Donald Specter. Filed by Michael Angelo Lena. (Attachments: #1 Envelope)(rcsS, COURT STAFF) (Filed on 1/31/2019) [Transferred from California Northern on 5/2/2019.]

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Defendant: Xavier Becerra
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Defendant: Donald Specter
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