-RBB Garcia et al v. Smith et al, No. 3:2010cv01187 - Document 5 (S.D. Cal. 2010)

Court Description: ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS, DISMISSING PLAINTIFF LENIN GARCIA, AND DISMISSING COMPLAINT. IT IS HEREBY ORDERED that: Plaintiff Lenin Garcia is DISMISSED from this Action. Plaintiff Ruben Garcia's Motion t o proceed IFP is GRANTED. IT IS FURTHER ORDERED that: Plaintiff's Complaint is DISMISSED without prejudice pursuant to 28USC1915(e)(2)(b) and 1915A(b). However, Plaintiff is GRANTED forty five (45) days leave from the date this Order is "Fi led" in which to file a First Amended Complaint. (Order electronically transmitted to Matthew Cate, Secretary CDCR). Signed by Judge Roger T. Benitez on 8/8/10. (All non-registered users served via U.S. Mail Service; mailed Plaintiff a form 1983 complaint; mailed a hard copy of order to Matthew Cate )(jer)