Eusse, Jr. v. Vitela et al

Filing 6

ORDER: (1) Granting 5 Motion to Proceed in Forma Pauperis; and (2) Sua Sponte Dismissing Complaint for Failing to State a Claim. 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 twenty percent (20%) of the preceding month's income and forward payments to the Cl erk of the Court each time the amount in the account exceeds $10. 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 Roger T. Benitez on 7/16/2013.(Sent § 1983 form to Plaintiff)(cc: Jeffrey Beard)(All non-registered users served via U.S. Mail Service)(knb)

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