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16-685 - Chavez v. United States


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16-685 - Chavez v. United States
March 9, 2017
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ORDER DISMISSING AMENDED COMPLAINT WITH LEAVE GRANTED TO AMEND re 6 - Signed by JUDGE HELEN GILLMOR on 3/9/2017. " (1) The Complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1). Specifically, Chavez's (a) Bivens claims are DISMISSED with prejudice; (b) claims seeking back pay and retirement benefits are DISMISSED for lack of subject matter jurisdiction; and (c) claims seeking correction of military records are DISMISSED for failure to state a claim with leave granted to amend as discussed above. (2) Chavez may file an amended complaint curing the deficiencies of his claims for correction of military records as noted above on or before April 10, 2017. (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 Chavez may incur a strike pursuant to 28 U.S.C. § 1915(g). (4) The Clerk of Court is DIRECTED to mail Chavez a prisoner civil rights complaint form to assist him in complying with the directions in this Order." (emt, )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). Leonardo R. Chavez shall be served by first class mail at the address of record on March 10, 2017. A copy of the Court's Prisoner Civil Rights Complaint form shall be included in the mailing to Mr. Chavez.
April 20, 2017
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ORDER DIRECTING SERVICE re 10 - Signed by JUDGE HELEN GILLMOR on 4/20/2017. "(1) The Second Amended Complaint states a claim and shall be served on the United States. (2) The Clerk is DIRECTED to issue a summons as to Chavez's Second Amended Complaint (ECF No. 10) and forward it to Chavez along with a blank U.S. Marshal Form 285 for the United States. The Clerk SHALL provide Chavez with a certified copy of this Order, a certified copy of his Second Amended Complaint and the summons so that he may serve the United States." (emt, )
January 31, 2018
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ORDER GRANTING DEFENDANTS' MOTION TO DISMISS (ECF NO. 30) AND DENYING PLAINTIFF'S FILING ENTITLED "MOTION GRANTING ORDER FOR DEPOSITION SUBPOENA" (ECF NO. 34) - Signed by JUDGE HELEN GILLMOR on 1/31/2018. "Defendants United States, United States Special Operations Command, Special Operations Command Central, and Special Operations Command Pacific's Motion to Dismiss (ECF No. 30) is GRANTED. Chavez may seek review in this Court, pursuant to the Administrative Procedure Act, if he is dissatisfied by the decision of the ABCMR. See Clinton v. Goldsmith, 526 U.S. 529, 539 (1999). Plaintiff's filing entitled "MOTION GRANTING ORDER FOR DEPOSITION SUBPOENA" (ECF No. 34) is DENIED AS MOOT. The Clerk of Court is DIRECTED TO CLOSE THE CASE." (emt, )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). Leonardo R. Chavez shall be served by first class mail to the address of record on February 1, 2018.