Williamson v. California Department of Corrections and Rehabilitation et al
| Guy Orlando Williamson |
| Briones and California Department of Corrections and Rehabilitation |
| 3:2019cv01178 |
| June 22, 2019 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Karen S Crawford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| None |
Docket Report
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| Filing 5 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court:1) GRANTS Plaintiff's Motion to Proceed In Forma Pauperis (ECF No. 2).2) DIRECTS the Secretary of the CDCR, or his designee, to collect from Plaintiff's prison trust account the $350 filing fee owed in this case by garnishing monthly payments from his account in an amount equal to twenty percent (20%) of the preceding month's income and forwarding those payments to the Clerk of the Court each time the amount in the account exceeds $10 pursuant to 28 U.S.C. 1915(b)(2). ALLPAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION;3) DIRECTS the Clerk of the Court to serve a copy of this Order on Ralph Diaz, Secretary, CDCR, P.O. Box 942883, Sacramento, California, 94283-0001;4) DISMISSES Plaintiffs Complaint (ECF No. 1) sua sponte for failing to state a claim upon which relief may be granted and for seeking monetary damages against immune defendants pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b).5) GRANTS Plaintiff thirty (30) days leave from the date of this Order in which to file an Amended Complaint which cures the deficiencies of pleading noted. Plaintiff's Amended Complaint must be complete by itself without reference to his original pleading. Defendants not named and any claim not re-alleged in his Amended Complaint will be considered waived. See S.D. CAL. CIVLR 15.1; Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) ("[A]n amended pleading supersedes the original."); Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (noting that claims dismissed with leave to amend which are not re-alleged in an amended pleading may be "considered waived if not repled."). The Court DIRECTS the Clerk of the Court to provide Plaintiff with a blank copy of its form Complaint under the Civil Rights Act, 42 U.S.C. 1983 for Plaintiff's use and to assist him in complying with LR 8.2.as requirements.(All non-registered users served via U.S. Mail Service)(acc) (sjt). |
Filing 4
ORDER Granting #2 Motion for Leave to Proceed in Forma Pauperis; Dismissing Complaint for Failing to State a Claim and Seeking Monetary Damages Against Immune Defendants Pursuant to 28 U.S.C. 1915(e)(2) AND 1915A(b). 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). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Anthony J. Battaglia on 7/15/2019. (All non-registered users served via U.S. Mail Service) Copy of Complaint form mailed to Plaintiff. (acc)
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| Filing 3 Prisoner Trust Fund Account Statement by Guy Orlando Williamson. (jms) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Guy Orlando Williamson. (jms) |
| Filing 1 COMPLAINT against Briones, California Department of Corrections and Rehabilitation, filed by Guy Orlando Williamson.($400 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet, #2 CDCR Cover Sheet)The new case number is 3:19-cv-1178-AJB-KSC. Judge Anthony J. Battaglia and Magistrate Judge Karen S. Crawford are assigned to the case.[Case in Screening per 28 USC 1915] (jms) |
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