Johnson v. Harris, No. 3:2012cv01231 - Document 3 (S.D. Cal. 2012)

Court Description: ORDER granting 2 Motion for Leave to Proceed in forma pauperis; and Dismissing Action Without Prejudice For Failing to State a Claim. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of th e 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 accou nt exceeds $10 in accordance with 28 USC 1915(b)(2). It is ordered that Plaintiff's Complaint is Dismissed for failing to state a claim upon which relief may be granted. Plaintiff is granted 30 days in which to file a First Amended Complaint. Signed by Judge William Q. Hayes on 5/29/2012. (Order electronically transmitted to Matthew Cate, Secretary CDCR) (1983 Complaint Mailed to Plaintiff) (All non-registered users served via U.S. Mail Service)(leh)