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08-009 - Johnson v. Schriro et al


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08-009 - Johnson v. Schriro et al
July 11, 2008
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ORDER (1) granting 4 Motion for Leave to Proceed in forma pauperis; (2) denying as moot 5 Motion for Leave to Proceed in forma pauperis (3) Plaintiff must pay the $350 filing fee and is assessed an initial partial filing fee of $4.86 (4) Plaintiffs request in the Complaint for the appointment of counsel is denied (5) The Complaint 1 is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order (6) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court 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 USG 1915(g) (7) The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge Mary H Murguia on 7/10/08.(MAP)
October 9, 2008
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ORDER that the 8 Amended Complaint and this action are dismissed for failure to state a claim upon which relief may be granted, and the Clerk must enter judgment accordingly. The Clerk must make an entry on the docket stating that the dismissal for failure to state a claim counts as a "strike" under 28 USC section 1915(g). Signed by Judge Mary H Murguia on 10/7/2008. (LAD)