Olvera v. Figueroa et al

Filing 4

CLERK'S JUDGMENT. It is hereby ordered and adjudged: The Court:1. Grants Plaintiff's Motion to Proceed IFP pursuant to 28 U.S.C. § 1915(a) ;2. Dismisses this civil action for failing to state a claim pursuant to 28 U.S.C. § 1915( e)(2)(B)(ii) and denies leave to amend as futile. Rosati v. Igbinoso, 791 F.3d 1037, 1039 (9th Cir. 2015) (leave toamend is not required if it is absolutely clear that the deficiencies of the complaint could not be cured by amendment) (internal cit ations omitted); 3. Certifies that an IFP appeal from this Order would be frivolous and therefore, would not be taken in good faith pursuant to 28 U.S.C. § 1915(a) (3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if appeal would not be frivolous); and 4. DIRECTS the Clerk of Court to close the file.(All non-registered users served via U.S. Mail Service)(mpl)(jrd)

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
Ariel Olvera
Civil Action No.

17cv1703-JLS-BLM

Plaintiff,
V.

JUDGMENT IN A CIVIL CASE

Fred Figueroa, C.C.A. Warden; P.A.
Ortiz C.C.A., Physician Assistant
Defendant.

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried
or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED:
The Court:
1. GRANTS Plaintiff’s Motion to Proceed IFP pursuant to 28 U.S.C. § 1915(a) ;
2. DISMISSES this civil action for failing to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and
denies leave to amend as futile. Rosati v. Igbinoso, 791 F.3d 1037, 1039 (9th Cir. 2015) (leave to
amend is not required if it is “absolutely clear that the deficiencies of the complaint could not be cured
by amendment”) (internal citations omitted);
3. CERTIFIES that an IFP appeal from this Order would be frivolous and therefore, would not be taken
in good faith pursuant to 28 U.S.C. § 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445
(1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed
IFP on appeal only if appeal would not be frivolous); and
4. DIRECTS the Clerk of Court to close the file.

Date:

11/7/17

CLERK OF COURT
JOHN MORRILL, Clerk of Court
By: s/ M. Lozano
M. Lozano, Deputy