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18-226 - Jones v. Cricchio, et al


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18-226 - Jones v. Cricchio, et al
June 25, 2018
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ORDER DISMISSING COMPLAINT AND ORDER TO SHOW CAUSE re 1 - Signed by JUDGE LESLIE E. KOBAYASHI on 6/25/2018. (1) The Complaint is DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1). Jones's claims as alleged against Defendant Melvin K. Soong are DISMISSED with prejudice. Jones's other claims are DISMISSED with leave to amend. (2) On or before September 24, 2018, Jones is DIRECTED to show cause why this action should not be dismissed as time-barred, pursuant to the doctrine of res judicata, and pursuant to Heck v. Humphrey, 512 U.S. 477 (1994). (3) On or before September 24, 2018, Jones must either file a "First Amended Complaint" that cures the deficiencies in his claims as discussed in this Order OR notify the court in writing that he will voluntarily dismiss this action. (4) Failure to timely comply with this Order shall result in the dismissal of this action with prejudice for failure to state a claim and may count as a "strike" under the "3-strikes" provision of 28 U.S.C. § 1915(g). (emt, )COURT'S CERTIFICATE of Service - Willie James Jones, shall be served by First Class Mail to the address of record on June 26, 2018. A copy of the Court's Prisoner Civil Rights Complaint form and instructions shall be included in the mailing to Mr. Jones.
September 26, 2018
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ORDER DISMISSING FIRST AMENDED COMPLAINT AND ACTION re 8 - Signed by JUDGE JILL A. OTAKE on 9/26/2018. (1) The First Amended Complaint is DISMISSED as time-barred and pursuant to the doctrine set forth in Heck v. Humphrey, 512 U.S. 477 (1994). (2) All pending motions are DENIED. (3) The Clerk shall terminate this action and enter judgment. (emt, )