Greene v. Wilson et al

Filing 5

ORDER: (1) Granting Motion to proceed in forma pauperis, 4 ; (2) Granting Motion for copies of Complaint 3 ; and (3) Sua Sponte Dismissing Complaint for failing to state a claim pursuant to 28 U.S.C. 1915(e)(2) & 1915A. The Secretary of California Department of Corrections and Rehabilitation, or his designee, shall collect from Plaintiff's prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the account in an amount equal to tw enty percent (20%) of the preceding months income and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 U.S.C. § 1915(b)(2). Plaintiff is Granted forty five (45) days leave from the date this Order is filed in which to file a First Amended Complaint. Signed by Judge William Q. Hayes on 2/3/11. (Order electronically transmitted to Matthew Cate, Secretary CDCR) (All non-registered users served via U.S. Mail Service)(copy of Complaint mailed to Plaintiff)(lao)