Lena v. Becerra et al
| Michael Angelo Lena |
| Xavier Becerra, Donald Specter and California Department of Corrections and Rehabilitation |
| 3:2019cv00810 |
| May 2, 2019 |
| US District Court for the Southern District of California |
| San Diego Office |
| Michael S Berg |
| Larry Alan Burns |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 pr |
| None |
Docket Report
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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)
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| 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) |
| Filing 18 USCA Time Schedule Order as to #16 Notice of Appeal to the 9th Circuit filed by Michael Angelo Lena. (akr) |
| Filing 17 USCA Case Number 19-55615 for #16 Notice of Appeal to the 9th Circuit filed by Michael Angelo Lena. (akr) |
| 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) |
| 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) |
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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)
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| 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) |
| Filing 12 Case transferred in from District of California Northern; Case Number 3:19-cv-00561. Original file received electronically |
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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.]
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| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 2 Letter from Michael Angelo Lena. (rcsS, COURT STAFF) (Filed on 1/31/2019) [Transferred from California Northern on 5/2/2019.] |
| 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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