Dorian L. Gutierrez v. Ralph Diaz
Dorian L. Gutierrez v. Ralph Diaz
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA INMATE # V74523 CASE NUMBER Dorian L. Gutierrez 5:20-cv-01957 RGK (PVC) PLAINTIFF(S) v. ORDER RE REQUEST TO PROCEED WITHOUT Ralph Diaz, etal., PREPAYMENT OF FILING FEES DEFENDANT(S) IT IS ORDERED that the Request to Proceed Without Prepayment of Filing Fees is hereby GRANTED. IT IS FURTHER ORDERED that, in accordance with
28 U.S.C. § 1915, the prisoner-plaintiff owes the Court the total filing fee of $350.00. An initial partial filing fee of $ must be paid within thirty (30) days of the date this order is filed. Failure to remit the initial partial filing fee may result in dismissal of the case. Thereafter, monthly payments shall be forwarded to the Court in accordance with
28 U.S.C. § 1915(b)(2).
Date United States Magistrate Judge IT IS RECOMMENDED that the Request to Proceed Without Prepayment of Filing Fees be DENIED for the following reason(s): L] Inadequate showing of indigency. Frivolous, malicious, or fails to state a claim L] Failure to authorize disbursements from upon which relief may be granted. prison trust account to pay the filing fees. L] Seeks monetary relief from a defendant immune L] Failure to provide certified copy of trust fund from such relief. statement for the last six (6) months. L] Leave to amend would be futile. District Court lacks jurisdiction. L] This denial may constitute a strike under the [Other “Three Strikes” provision governing the filing of A T= prisoner suits. See O'Neal v. Price, 531 F.3d ANN 1146, 1153 (9th Cir. 2008). Comments: Plaintiff claims that the CDCR improperly rescinded prisoners’ right to file group grievances. There is no constitutional right to a particular grievance process. Mann v. Adams,
855 F.2d 639, 640(9th Cir. 1988). September 25, 2020 fu Date United States Magistrate Judge IT IS ORDERED that the Request to Proceed Without Prepayment of Filing Fees is: GRANTED. IT IS FURTHER ORDERED that, in accordance with
28 U.S.C. § 1915, the prisoner-plaintiff owes the Court the total filing fee of $350.00. An initial partial filing fee of $ must be paid within thirty (30) days of the date this order is filed. Failure to remit the initial partial filing fee may result in dismissal of the case. Thereafter, monthly payments shall be forwarded to the Court in accordance with
28 U.S.C. § 1915(b)(2). L] DENIED. Plaintiff SHALL PAY THE FILING FEES IN FULL within 30 days or this case will be dismissed. [LX DENIED, and this case is hereby DISMISSED immediately. L] DENIED, with leave to amend within 30 days. Plaintiff may re-submit the IFP application and Complaint to this Court if submitted with the Certified Trust Account Statement and Disbursement Authorization. Plaintiff shall utilize the same case number. If plaintiff fails to submit the required documents within 30 days, this case shall be DISMISSED. October 16 2020 “9 Qarrgnas Date nite States District Judge
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