McGee v. Chamberlin et al

Filing 3

ORDER: (1) Granting Motion To Proceed In Forma Pauperis (Doc. 2 ) And (2) Dismssing Complaint For Failing To State A Claim Pursuant To 28 U.S.C. Sections 1915(e)(2) & 1915A(b): The Secretary CDCR, 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 20% of the preceding month's income and forward payments to the Clerk of the Court each ti me the amount in the account exceeds $10 in accordance with 28 USC 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. H ayes on 5/14/2013. (Order electronically transmitted to Secretary of CDCR; per Order, a printed copy also was sent to Secretary of CDCR in Sacramento; all non-registered users served via U.S. Mail Service; per Order, a blank 1983 First Amended Complaint form also was sent to Plaintiff.) (mdc)