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16-2529 - (PC) Tidwell v. Vestito


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16-2529 - (PC) Tidwell v. Vestito
October 19, 2017
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[PARTIALLY VACATED PURSUANT TO 2/08/18 ORDER]ORDER signed by Magistrate Judge Deborah Barnes on 10/19/17 granting 2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's CDC order filed concurrently herewith. This action is dismissed without leave to amend for failure to state a cognizable claim. CASE CLOSED. (Plummer, M) Modified on 2/8/2018 (Plummer, M).
October 19, 2017
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Juan M. Tidwell signed by Magistrate Judge Deborah Barnes on 10/19/17. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)
February 8, 2018
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/07/18 ORDERING The court's October 19, 2017 order 6 is VACATED in part as follows: a. The dismissal of plaintiff's complaint therein without leave to amend is VACATED, and b. The grant of plaintiffs' request to proceed in forma pauperis as well as plaintiff's resulting obligation to pay the statutory filing fee as directed therein are to remain in full force and effect. The court's October 19, 2017 judgment 9 is VACATED in its entirety. Plaintiff's motion for reconsideration filed November 13, 2017 10 is DENIED as moot. The Clerk of Court is to randomly appoint a district court judge to preside over this matter. Also, RECOMMENDING that plaintiff's complaint be dismissed without leave to amend for failure to state a cognizable claim. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 2/8/2018 (Plummer, M).