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16-601 - Slavick v. Lalotoa et al


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16-601 - Slavick v. Lalotoa et al
November 23, 2016
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ORDER DISMISSING 1 COMPLAINT WITH LEAVE TO AMEND PURSUANT TO 28 U.S.C. §§ 1915(e)(2) & 1915A(b). Signed by JUDGE DERRICK K. WATSON on 11/22/2016. (ecs, ) (1) The Complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1).(2) Slavick may file an amended complaint curing the deficiencies noted above on or before December 30, 2016. (3) Failure to timely amend and cure the pleading deficiencies noted herein will result in dismissal of this action with prejudice for failure to state a claim, and Slavick may incur a strike pursuant to 28 U.S.C. § 1915(g). (4) The Clerk of Court is DIRECTED to mail Slavick a prisoner civil rights complaint form to assist him in complying with the directions in this Order. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Slavick provided prisoner civil rights complaint as directed)
January 4, 2017
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ORDER DENYING PLAINTIFF'S MOTION FOR RECUSAL. Signed by JUDGE DERRICK K. WATSON on 1/4/2017. Re: 6 - On December 29, 2016, Plaintiff Chris Slavick, proceeding pro se, filed a document entitled Objection to Involvement of Judges, which the Court liberally construes as a motion for the Court to recuse itself from further proceedings in this civil action. The apparent basis for the request is the Court's prior ruling in an unrelated case, Civil No. 15-00424 DKW-KJM. Because Slavick fails to establishthat the Court's impartiality might reasonably be questioned or any other grounds sufficient to justify recusal in this matter the motion is denied. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 23, 2017
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DISMISSAL ORDER. Signed by JUDGE DERRICK K. WATSON on 2/23/2017. -- This action is DISMISSED with prejudice for Plaintiff's failure to amend to state a cognizable claim. See In re Phenylpropanolamine (PPA) Cases, 460 F.3d 1217, 1226 (9th Cir. 2006). This dismissal shall count as a strike under 28 U.S.C. §1915(g), unless it is overturned on appeal. See Coleman v. Tollefson, 135 S. Ct. 1759, 1763 (2015). The Clerk is DIRECTED to enter judgment and terminate this case. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants (Chris Slavick) not registered to receive electronic notifications were served by first class mail on the date of this docket entry