Godwin v. Loera et al
| Jeremy J. Godwin |
| Juan Cabanillas, Jody Miller, Gilbert Othero and Raymond Loera |
| 3:2020cv02001 |
| October 9, 2020 |
| US District Court for the Southern District of California |
| Larry Alan Burns |
| Barbara Lynn Major |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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Filing 8
Notice of Document Discrepancies and Order Thereon by Chief Judge Larry Alan Burns Rejecting Document: Letter Enclosing Waivers of Service of Summons, from Plaintiff Jeremy J. Godwin. Non-compliance with local rule(s), OTHER: IFP Motion filed, see ECF No. #7 , and Complaint submitted for screening pursuant to 28 U.S.C. 1915(e) and 1915A. If Plaintiff's IFP status is confirmed and the case is not subject to dismissal sua sponte pursuant to 1915(e) and 1915A, the Court will direct service of the Complaint. See 28 U.S.C. 1915(d); Fed. R. Civ. P. 4(c)(3); see also Butler v. Nat'l Cmty. Renaissance of Cal., 766 F.3d 1191, 1204 n.8 (9th Cir. 2014) (noting that time period for service of process is tolled while the district court screens an IFP complaint and determines whether to authorize service of process); Dews v. Cnty. of Kern, No. 1:12-cv-0245-AWI-MJS (PC), 2013 WL 1124394, at *1 (E.D. Cal. Mar. 18, 2013) ("In a case such as this, Plaintiff may not undertake service unless and until the Court screens his complaint and finds it states a cognizable claim."). This includes requesting waivers of service of summons from Defendants. Signed by Chief Judge Larry Alan Burns on 12/7/2020. (All non-registered users served via U.S. Mail Service) (jdt) (Additional attachment(s) added on 12/7/2020: #1 Rejected Document) (jdt).
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Jeremy J. Godwin. (jms) |
| Filing 6 CERTIFICATE OF SERVICE by Jeremy J. Godwin re #5 Amended Complaint (jms) |
| Filing 5 FIRST AMENDED COMPLAINT with Jury Demand against Juan Cabanillas, Raymond Loera, Jody Miller, Gilbert Othero, filed by Jeremy J. Godwin. (jms) |
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Filing 4
Notice of Document Discrepancies and Order Thereon by Chief Judge Larry Alan Burns Accepting Document: Amended Complaint, from Plaintiff Jeremy J. Godwin. Non-compliance with local rule(s), OTHER: Case closed. On November 3, 2020, the Court dismissed Plaintiffs case for failure to pay the filing fee or submit a properly supported motion for leave to proceed in forma pauperis (IFP), and granted Plaintiff forty-five (45) days leave in which to submit a properly supported IFP motion. See ECF No. 3 at 3.Fed. R. Civ. P. l5(a)(2), (d) - Amended or supplemental pleadings require court order;. Nunc Pro Tunc 11/12/2020. Signed by the Chambers of Chief Judge Larry Alan Burns on 11/16/2020.(jms)
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Filing 3
ORDER DISMISSING CIVIL ACTION Without Prejudice for Failing to Pay Filing Fee Required by 28 U.S.C. 1914(a) and/or Failing to Move to Proceed in Forma Pauperis Pursuant to 28 U.S.C. 1915(a). The Court grants Plaintiff forty-five (45) days leave from the date this Order is filed to: (a) prepay the entire $400 civil filing and administrative fee in full; or (b) complete and file a properly supported Motion to Proceed IFP. The Clerk of the Court shall provide Plaintiff with this Court's approved form "Motion and Declaration in Support of Motion to Proceed In Forma Pauperis." Signed by Chief Judge Larry Alan Burns on 11/2/2020. (All non-registered users served via U.S. Mail Service. Copy of blank IFP form sent via U.S. Mail to Plaintiff.) (jdt)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jeremy J. Godwin. (jms) |
| Filing 1 COMPLAINT with Jury Demand against Juan Cabanillas, Raymond Loera, Jody Miller, Gilbert Othero, filed by Jeremy J. Godwin.($400 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-2001-LAB-BLM. Judge Larry Alan Burns and Magistrate Judge Barbara Lynn Major are assigned to the case.[Case in Screening per 28 USC 1915] (jms)(jrd) |
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