Lewis v. Davis et al
| Brian Deverick Lewis |
| R. Davis and Sanchez, - |
| 3:2019cv01060 |
| June 5, 2019 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| Michael S Berg |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 1, 2022. A more recent docket listing may be available from PACER.
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Filing 3
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 $83.28 initial filing fee assessed, if those funds are available at the time of this Order is executed, and forward whatever balance remains of the full $350 owed in 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 claims against Defendant R. Davis for failure to state a claim pursuant to 28 USC 1915(e)(2) and 1915A(b). Plaintiff is granted 45 days leave from the date of this Order to either: 1.) Notify Court of the intention to proceed with the First Amendment retaliation claim against Defendant Sanchez only, or, 2.) file an Amended Complaint which cures all the deficiencies of his original pleading. Plaintiff shall take either action by 8/22/2019. Signed by Judge Cynthia Bashant on 7/8/2019. (Order electronically transmitted to Secretary of CDCR) (Blank First Amended 1983 Complaint form t/w copy of this Order mailed to Plaintiff) (All non-registered users served via U.S. Mail Service) (jah)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Brian Deverick Lewis. (jms)
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Filing 1
COMPLAINT with Jury Demand against R. Davis, Sanchez, filed by Brian Deverick Lewis.($400 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-1060-BAS-MSB. Judge Cynthia Bashant and Magistrate Judge Michael S. Berg are assigned to the case.[Case in Screening per 28 USC 1915] (jms) (sjt).
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