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07-2553 - Manning v. Schriro et al


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07-2553 - Manning v. Schriro et al
April 28, 2008
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ORDER Pla's 3 MOTION (application) for Leave to Proceed in forma pauperis is granted. As required by the accompanying Order to the appropriate government agency, Pla must pay the $350.00 filing fee and is assessed an initial partial filing fee of $5.22. The Complaint (Doc. #1) is dismissed for failure to state a claim. Pla has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Pla fails to file an amended complaint within 30 days, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal counts as a "strike" under 28 U.S.C. § 1915(g). The Clerk must mail Pla a court-approved form for filing a civil rights complaint by a prisoner. Special Prisoner Deadline due by 5/28/2008. Signed by Judge Stephen M McNamee on 4/28/08. (Attachments: # (1) Instructions/form for a Prisoner filing a civil rights complaint)(KMG)
June 3, 2008
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ORDER - Plas "Motion For Extension of Time to File Amended Complaint" 7 is granted. Pla has 20 days from the date this Order is filed to file a first amended complaint that complies with the Court's April 28, 2008 Order (Doc. #4). If Pla fails to file an amended complaint within 20 days, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal counts as a "strike" under 28 U.S.C. § 1915(g). Special Prisoner Deadline due by 6/23/2008. Signed by Judge Stephen M McNamee on 6/2/08.(KMG)
September 9, 2008
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ORDER denying 9 Plaintiff's Motion for Preliminary Injunction and granting 11 Plaintiff's Motion for Extension of Time to File an Amended Complaint. Counts I and III of the Amended Complaint 12 are dismissed without prejudice for failure to state a claim upon which relief may be granted. Defendants Dora Schriro, D. Edwards, Jackson, Stuart, OBrian, Carbajal, Banes, Vargas, Kuntzi, Anita Nugent, and S. Latto are dismissed from this action. Defendant P. Smith must answer Count II of the Amended Complaint. The Clerk must send Plaintiff a service packet including the Amended Complaint 12, this Order, and both summons and request for waiver forms for Defendant P. Smith. Plaintiff must complete and return the service packet to the Clerk of Court within 20 days of the date of filing of this Order. This matter is referred to Magistrate Judge Lawrence A. Anderson pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings. Signed by Judge Stephen M McNamee on 9/9/08.(LSP)