Vaught IV v. Phillips et al
| Elbert Lee Vaught IV |
| S. Livelo, M. Pollard, B.D. Phillips and Ralph Diaz |
| 3:2020cv01728 |
| September 3, 2020 |
| US District Court for the Southern District of California |
| Michael S Berg |
| Dana M Sabraw |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| None |
Docket Report
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Filing 7
ORDER: 1) Granting Motion to Proceed In Forma Pauperis #3 ; 2) Denying Motion to Appoint Counsel; 3) Dismising Civil Action Sua Sponte for Failing to State a Claim; and 4) Denying Motion for Preliminary Injunction (ECF Nos. #2 , #4 , #5 ). The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $12.67 initial filing fee assessed, and forward whatever balance remains of the full $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). 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. Signed by Judge Dana M. Sabraw on 9/16/20. (All non-registered users served via U.S. Mail Service)(Order electronically transmitted to Secretary of CDCR and mailed to Ralph Diaz, Acting Secretary) (jmo)
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| Filing 6 Exhibits in Support of #1 Complaint by Elbert Lee Vaught IV. (jms) |
| Filing 5 Prisoner Trust Fund Account Statement by Elbert Lee Vaught IV. (jms) |
| Filing 4 MOTION for Preliminary Injunction by Elbert Lee Vaught IV. (jms) |
| Filing 3 Prisoner Trust Fund Account Statement by Elbert Lee Vaught IV. (jms) (Modified on 9/16/2020 to correct event to docket order) (jmo). |
| Filing 2 MOTION to Appoint Counsel by Elbert Lee Vaught IV. (jms) |
| Filing 1 COMPLAINT Against B.D. Phillips, S. Livelo, Ralph Diaz, M. Pollard, filed by Elbert Lee Vaught IV. ($400.00 Filing Fee, Fee Not Paid, IFP Not Filed) (Attachments: #1 Civil Cover Sheet, #2 CDCR Cover Sheet)The new case number is 3:20-cv-1728-DMS-MSB. Judge Dana M. Sabraw and Magistrate Judge Michael S. Berg are assigned to the case.[Case in Screening per 28 USC 1915] (jms)(jrd) |
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