Davis v. San Diego Police Department et al
| Steps Winn Davis |
| San Diego Police Department, Peter Larson, Jerrad Schnautz, Willis Short and Robert Nelson |
| 3:2019cv02044 |
| October 23, 2019 |
| US District Court for the Southern District of California |
| Michael M Anello |
| Karen S Crawford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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Filing 3
Order Granting #2 Motion to Proceed in forma pauperis; Dismissing Civil Action Sua Sponte for Failing to State a Claim Upon which Relief can be Granted Pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) & 1915A. the Court:1. Grants Plaintiff's Motion to Proceed IFP pursuant to 28 U.S.C. 1915(a)(Doc. No. #2 ). 2. Orders the Secretary of the CDCR, or his designee, to collect from Plaintiff's trust account the full $350 owed in monthly payments in an amount equal to twenty percent (20%) of the preceding month's income to the Clerk of the Court each time the amount in Plaintiff's account exceeds $10 pursuant to 28 U.S.C. 1915(b)(2). (Order electronically transmitted to Secretary of CDCR) 3. Directs the Clerk of the Court to serve a copy of this Order on the on Ralph Diaz, Secretary, CDCR, P.O. Box 942883, Sacramento, California, 94283-0001. 4. Dismisses this civil action sua sponte pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b) for failing to state a claim upon which 1983 relief can be granted. 5. Grants Plaintiff forty-five (45) days leave from the date of this Order in which to file an Amended Complaint which cures all the deficiencies of pleading noted. Plaintiff's Amended Complaint must be complete by itself without reference to his original pleading. 6. Directs the Clerk of Court to mail Plaintiff a court approved civil rights complaint form for his use in amending. Signed by Judge Michael M. Anello on 11/18/2019. (All non-registered users served via U.S. Mail Service and blank Amended Civil Rights Complaint form mailed to Plaintiff.) (tcf)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Steps Winn Davis. (jms) |
| Filing 1 COMPLAINT with Jury Demand against Peter Larson, Robert Nelson, San Diego Police Department, Jerrad Schnautz, Willis Short, filed by Steps Winn Davis.($400 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-2044-MMA-KSC. Judge Michael M. Anello and Magistrate Judge Karen S. Crawford are assigned to the case.[Case in Screening per 28 USC 1915] (jms) |
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