Beltran v. United States of America et al
| George A. Beltran |
| Counselor Everhart, Warden Marion Feathers, Federal Bureau of Prisons, Federal Satellite Prison Camp at Sheridan, Counselor Mock, Counselor Perez, Counselor Ruiz and United States of America |
| 3:2015cv00785 |
| May 6, 2015 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H. Simon |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
35
Opinion and Order - Defendants' Motion to Dismiss for Failure to State a Claim (Dkt. 29 ) is granted. Beltran's first amended complaint was substantially identical to his original complaint. Accordingly, the Court finds that leave to amend would be futile. See DeSoto v. Yellow Freight Sys., Inc., 957 F.2d 655, 658 (9th Cir. 1992) (A district court does not err in denying leave to amend where the amendment would be futile.). Beltran's claims against Warden Marion Feather and Counselors Perez, Mock, Ruiz, and Earhart are dismissed with prejudice. Signed on 6/1/2016 by Judge Michael H. Simon. (mja)
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Filing
26
Opinion and Order - Defendants' Motion to Dismiss for Failure to State a Claim (Dkt. 18 ) is GRANTED. Beltran's claims against the United States, BOP, and Sheridan are dismissed with prejudice. Beltran's claims against Warden Feather, Counselor Perez, Counselor Mock, Counselor Ruiz, and Counsel Everhart (Earhart) are dismissed without prejudice. Beltran has leave to file an amended complaint within 30 days. Unless Beltran files an amended complaint within 30 days that cures the deficiencies in his pleading as identified in this Opinion and Order, the Court will enter Judgment in favor of Defendants. Ordered by Judge Michael H. Simon. (mja)
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