Edmundo Pardo Rubi v. Patrick K. O'Toole

Filing 9

ORDER: (1) Granting 8 Motion for Leave to Proceed in forma pauperis; and (2) Dismissing action for Failing to State a claim and for Seeking Monetary Damages Against Defendants Who are Immune. The Secretary CDCR, or his designee, is ordered to coll ect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). Plaintiff is granted until March 16, 2012 to file an amended complaint. (Order electronically transmitted to Matthew Cate, Secretary CDCR). Signed by Judge Roger T. Benitez on 1/31/2012. (Sent 1983 form to Plaintiff) (All non-registered users served via U.S. Mail Service)(knb)

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