Arellano v. Jones et al
| Raul Arellano |
| Sihotang, C.D.C.R., Dr Martin, Santillan and Jones |
| 3:2020cv00228 |
| February 6, 2020 |
| US District Court for the Southern District of California |
| Larry Alan Burns |
| Ruth Bermudez Montenegro |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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Filing 5
ORDER: 1) Granting Motion to Proceed in Forma Pauperis (Doc. No. #2 ) and 2) Dismissing Claims and Defendants for Failing to State a Claim Pursuant to 28 U.S.C. 1915(e)(2) and 28 U.S.C. 1915A(b). The Court orders the Secretary CDCR, or his designee, to collect from Plaintiff's trust account the initial $0.78 filing fee assessed, if those funds are available at the time this Order is executed, and forward whatever balance remains of 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). 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 dismisses all claims against Defendants Sihotang and CDCR for failing to state a claim and for seeking money damages against immune defendants. The Court grants Plaintiff forty-five (45) days leave from the date of this Order in which to either: (1) Notify the Court of the intention to proceed with the claims against Jones, Martin, and Santillan only; or (2) File an Amended Complaint which cures all the deficiencies of pleading noted. Signed by Chief Judge Larry Alan Burns on 3/30/2020. (All non-registered users served via U.S. Mail Service. Order electronically transmitted to Secretary of CDCR.) (jdt)
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Filing 4
Exhibits in Support of #1 Complaint by Raul Arellano. (jms)
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Filing 3
Prisoner Trust Fund Account Statement by Raul Arellano. (jms)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Raul Arellano. (jms)(jrd)
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Filing 1
COMPLAINT With Jury Demand Against C.D.C.R., Jones, Sihotang, Martin, Santillan, filed by Raul Arellano. ($400 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet, #2 CDCR Cover Sheet)The new case number is 3:20-cv-228-LAB-RBM. Judge Larry Alan Burns and Magistrate Judge Ruth Bermudez Montenegro are assigned to the case.[Case in Screening per 28 USC 1915](jms)(jrd)
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