Barbarin v. Department of Corrections and Rehabilitation et al
| Ricardo Barbarin |
| Ralph Diaz, Department of Corrections and Rehabilitation, Raymond Madden and Does 1 through 5 |
| 3:2019cv01714 |
| September 6, 2019 |
| US District Court for the Southern District of California |
| Ruben B Brooks |
| John A Houston |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2020. A more recent docket listing may be available from PACER.
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Filing 5
ORDER: 1) Granting Motion to Proceed In Forma Pauperis. (ECF No. #2 ) and 2) Dismissing Complaint for Failing to State a Claim Pursuant to 28 U.S.C. 1915(e)(2) and 28 U.S.C. 1915A(b). The Secretary of the CDCR, or his designee, is directed to garnish the $350 filing fee owed in this case by collecting monthly payments from his account in an amount equal to twenty percent (20%) of the preceding months income and forwarding them to the Clerk of the Court each time the amount in the account exceeds $10 pursuant to 28 U.S.C. 1915(b)(2). (Order electronically transmitted to Secretary of CDCR) The Court DISMISSES Plaintiff's Complaint for failing to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b), and GRANTS him thirty days leave from the date of this Order in which to file an Amended Complaint which cures all the deficiencies of pleading noted. Signed by Judge John A. Houston on 10/23/2019. (All non-registered users served via U.S. Mail Service and Plaintiff mailed a court approved civil rights complaint form) (tcf) (sjt).
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Filing 4
Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Accepting, from Plaintiff Ricardo Barbarin. Non-compliance with local rule(s), General Order 653A: Rules of Procedure for the Electronic Submission of Litigation for Plaintiffs Incarcerated at Certain Identified CDCR Facilities - Initial case filings (42 U.S.C. 1983 Complaint, Motion to Proceed In Forma Pauperis, etc.) received by U.S. Mail and not properly e-filed in accordance with S.D. Cal. General Order 653A. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge John A. Houston on 9/16/2019.(All non-registered users served via U.S. Mail Service)(jms)
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| Filing 3 Prisoner Trust Fund Account Statement by Ricardo Barbarin. (jms) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ricardo Barbarin. (jms) (jao). |
| Filing 1 COMPLAINT with Jury Demand against Department of Corrections and Rehabilitation, Ralph Diaz, Does 1 through 5, Raymond Madden, filed by Ricardo Barbarin.($400 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-1714-JAH-RBB. Judge John A. Houston and Magistrate Judge Ruben B. Brooks are assigned to the case.[Case in Screening per 28 USC 1915] (jms) (jao). |
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