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K:\COMMON\EVERYONE\_EFILE-PROSE\L\06-2706-revIFP&dup.wpd
-1-
06cv2706
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
BRIAN STEVEN MCNEAL,
Inmate Booking #156275,
Civil No. 06-2706 L (JMA)
Plaintiff,
ORDER:
(1) REVOKING PLAINTIFF’S IN
FORMA PAUPERIS STATUS; AND
(2) DISMISSING CIVIL ACTION
AS DUPLICATIVE PURSUANT
TO 28 U.S.C. § 1915A(b)(1)
vs.
BONNIE DUMANIS,
Defendant.
Plaintiff, an inmate proceeding pro se, and currently incarcerated at Patton State Hospital
in Patton, California, submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 in the
Central District of California. In his Complaint, Plaintiff alleges that San Diego County District
Attorney Bonnie Dumanis violated his constitutional rights when she prosecuted him without
first presenting his case to the grand jury.
////
Case 3:06-cv-02706-L-JMA Document 2 Filed 12/21/2006 Page 1 of 5
McNeal v. Dumanis
Doc. 2
Dockets.Justia.com
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K:\COMMON\EVERYONE\_EFILE-PROSE\L\06-2706-revIFP&dup.wpd
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06cv2706
On December 4, 2006, United States Magistrate Judge Patrick Walsh granted Plaintiff’s
Motion to Proceed In Forma Pauperis (“IFP”). However, it was later determined that the claims
in Plaintiff’s Complaint arose out of events which took place in the San Diego Superior Court
in the Southern District of California. Thus, United States District Judge Florence-Marie Cooper
determined that venue was proper in the Southern District of California and transferred this case
to this District on December 8, 2006. See Dec. 8, 2006 Order at 1-2.
I.
Revocation of Plaintiff’s IFP Status
Although Plaintiff was granted leave to proceed IFP by the Central District on October
25, 2006, a review of this Court’s docket indicates that Plaintiff is barred from proceeding IFP
pursuant to 28 U.S.C. § 1915(g).
Section 1915 of Title 28 of the United States Code allows certain litigants to pursue civi