Williams v. Pollard et al
| Joseph L. Williams |
| Sgt. Godinez, Sgt. R. Marientes, One Unknown Sgt., J. Cariman and M. Pollard |
| 3:2019cv02150 |
| November 7, 2019 |
| US District Court for the Southern District of California |
| Larry Alan Burns |
| William V Gallo |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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Filing 7
ORDER: 1) Granting Motion to Proceed in Forma Pauperis (ECF No. #2 ); 2) Denying Motion to Appoint Counsel (ECF No. #5 ); and 3) Dismissing Complaint for Failing to State a Claim Pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b). The Court orders Secretary CDCR, or his designee, to collect from Plaintiff's trust account the $4.17 initial filing fee assessed, if those funds are available at the time this Order is executed, and forward whatever balance remains of the full $350 balance 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 the account exceeds $10 in accordance with 28 USC 1915(b)(2). The Court 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. The Court grants Plaintiff 45 days leave from the date of this Order in which to file an Amended Complaint which cures the deficiencies of pleading noted. If Plaintiff fails to file an Amended Complaint within 45 days, the Court will enter a final Order dismissing this civil action based both on Plaintiff's failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A(b)(1), and his failure to prosecute in compliance with a court order requiring amendment. Signed by Chief Judge Larry Alan Burns on 12/19/2019. (Order electronically transmitted to Secretary of CDCR. All non-registered users served via U.S. Mail Service) (jdt)
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Filing 6
Notice of Document Discrepancies and Order Thereon by Chief Judge Larry Alan Burns Accepting Complaint, from Plaintiff Joseph L. Williams. Non-compliance with local rule(s): Initial case filings (42 U.S.C. 1983 Complaint, Motion to Proceed In Forma Pauperis, etc.) exceed the page limitations set by S.D. Cal. CivLR 8.2(a) and S.D. Cal. General Order 653A, and are not accompanied by a properly supported Motion to Exceed page limitations or Motion for Emergency Relief from 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 Chief Judge Larry Alan Burns on 12/2/2019.(All non-registered users served via U.S. Mail Service)(jms)
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| Filing 5 MOTION to Appoint Counsel by Joseph L. Williams. Nunc Pro Tunc 11/22/2019.(jms) |
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Filing 4
Notice of Document Discrepancies and Order Thereon by Chief Judge Larry Alan Burns Accepting Document: Motion for Appointment of Counsel, from Plaintiff Joseph L. Williams. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 11/22/2019. Signed by the Chambers of Chief Judge Larry Alan Burns on 11/25/2019.(All non-registered users served via U.S. Mail Service)(jms)
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| Filing 3 Prisoner Trust Fund Account Statement by Joseph L. Williams. (jms) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Joseph L. Williams. (jms) |
| Filing 1 COMPLAINT with Jury Demand against J. Cariman, Godinez, R. Marientes, One Unknown Sgt., M. Pollard, filed by Joseph L. Williams.($400 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-2150-LAB-WVG. Judge Larry Alan Burns and Magistrate Judge William V. Gallo are assigned to the case.[Case in Screening per 28 USC 1915] (jms) |
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