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07-4038 - Bermudez v. Terriberry


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07-4038 - Bermudez v. Terriberry
November 9, 2007
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MEMORANDUM AND ORDER, the Court grants pltff's request to proceed in forma pauperis pursuant to 28 USC sec. 1915 and directs pltff to replead w/in 30 days of entry of this Order. Accordingly, pltff's claim that his offense has been wrongly characterized as gang-related by Detective Terriberry is dismissed because it fails to state a claim on which releif may be granted. No summons shall issue at this time and all further proceedings are stayed for 30 days for pltff to comply with this Order. If pltff fails to comply with this Order w/in the time allowed, the complaint shall be dismissed for failure to state a claim on which relief may be granted. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Judge Sandra L. Townes on 11/08/07) c/m (Galeano, Sonia)
March 6, 2008
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MEMORANDUM AND ORDER, On 12/7/06, Pltff submitted an amended complaint which merely restates his claim of mis-characterization of his offense as gang-related. Because it does not set forth another claims under 42 USC sec. 1983 or any other federal cause of action, the amended complaint is dismissed. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Judge Sandra L. Townes on 3/5/08) c/m (Galeano, Sonia)