Anthony Jordan Tennessee, Jr. v. F. Camacho; P. Plascencia; Multiple John Does; Multiple Jane Does

District Court, S.D. California·Decided November 17, 2025·No. 3:25-cv-02027·Unknown

Opinion

ANTHONY JORDAN TENNESSEE, Jr., Case No.: 25-cv-2027-DMS-KSC CDCR #BC-4511, ORDER GRANTING MOTION Plaintiff, vs. PAUPERIS AND SCREENING COMPLAINT PURSUANT F. CAMACHO, Correctional Officer; TO 28 U.S.C. §§ 1915(e)(2) P. PLASCENCIA, Correctional Sergeant; AND 1915A(a) MULTIPLE JOHN DOES;

MULTIPLE JANE DOES, [ECF No. 2] Defendants. Plaintiff Anthony Jordan Tennessee, Jr., proceeding pro se and currently incarcerated at California State Prison, Sacramento (“CSP-SAC”) in Represa, California, has filed a civil rights Complaint pursuant to 42 U.S.C. § 1983, together with a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). (See ECF Nos. 1, 2.) Plaintiff claims two named and various unnamed correctional officials at Richard J. Donovan Correctional Facility in San Diego (“RJD”) violated his Eighth and Fourteenth Amendment rights on and after an October 27, 2023 altercation on RJD’s A Yard.1 (See

1 The Court takes judicial notice that Plaintiff filed a separate civil rights action in this Court on the same ECF No. 1 at 3, 8.) He seeks $500,000 in general and punitive damages and demands a jury trial. (Id. at 7.) For the reasons explained, the Court GRANTS Plaintiff’s Motion to Proceed IFP and SCREENS his Complaint pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b). The Court finds that while Plaintiff adequately alleges an Eighth Amendment excessive claim against Defendant Plasencia, he fails to state any plausible claim for relief against any other named or unnamed Defendant. Therefore, the Court ORDERS Plaintiff to either file an Amended Complaint that addresses the pleading deficiencies explained below, or to file a Notice of Intent to Proceed with the excessive force claims alleged in his current Complaint against Defendant Plascencia only. All parties instituting any civil action, suit or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $405.2 See 28 U.S.C. § 1914(a). The action may proceed despite a failure to pay the entire fee at the time of filing only if the court grants the Plaintiff leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); cf. Hymas v. U.S. Dep’t of the Interior, 73 F.4th 763, 765 (9th Cir. 2023) (“[W]here [an] IFP application is denied altogether, Plaintiff’s case [cannot] proceed unless and until the fee[s] [a]re paid.”). / / /

4, 2025) (“Enriquez”). See United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980) (“[A] court may take judicial notice of its own records in other cases.”). In Enriquez, however, Plaintiff seeks to sue different RJD correctional officials who are alleged to have used excessive force and refused him medical attention during a cell extraction on November 22, 2023—nearly a month after the excessive force incident at issue in this case. See Enriquez, ECF No. 1 at 1‒6. Nowhere in either pleading does Plaintiff claim the two incidents are related. 2 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $55. See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2023). The $55 administrative portion of the fee does not apply to persons granted leave to proceed “While the previous version of the IFP statute granted courts the authority to waive fees for any person ‘unable to pay[,]’ … the PLRA [Prison Litigation Reform Act] amended the IFP statute to include a carve-out for prisoners: under the current version of the IFP statute, ‘if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee.’” Hymas, 73 F.4th at 767 (quoting 28 U.S.C. § 1915(b)(1)). Section 1915(b) “provides a structured timeline for collecting this fee.” Id. (citing 28 U.S.C. § 1915(b)(1)-(2)). To proceed IFP, prisoners must “submit[] an affidavit that includes a statement of all assets [they] possess[,]” as well as “a “certified copy of the[ir] trust fund account statement (or institutional equivalent) for . . . the 6-month period immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(1), (2); Andrews v. King, 398 F.3d 1113, 1119 (9th Cir. 2005). Using this financial information, the court “shall assess and when funds exist, collect, … an initial partial filing fee,” which is “calculated based on ‘the average monthly deposits to the prisoner’s account’ or ‘the average monthly balance in the prisoner’s account’ over a 6-month term; the remainder of the fee is to be paid in ‘monthly payments of 20 percent of the preceding month’s income credited to the prisoner’s account.” Hymas, 73 F.4th at 767 (quoting 28 U.S.C. § 1915(b)(1)–(2)). Thus, while prisoners may qualify to proceed IFP without having to pay the statutory filing fee in one lump sum, they nevertheless remain obligated to pay the full amount due in monthly payments. See Bruce v. Samuels, 577 U.S. 82, 84 (2016); 28 U.S.C. § 1915(b)(1) & (2); Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002). Here, Plaintiff’s Motion to Proceed IFP complies with both 28 U.S.C. § 1915(a)(1) and (2). In support, Plaintiff has submitted a prison certificate authorized by a CSP-SAC accounting officer and certified copies of his California Department of Corrections and Rehabilitation (“CDCR”) Inmate Trust Account Statement Report (ECF No. 2 at 5‒7). See S.D. Cal. CivLR 3.2; Andrews, 398 F.3d at 1119. These documents show Plaintiff maintained an average monthly balance of $9.75 in his prison trust account, and had $5.00 in average monthly deposits credited to his account over the 6-month period immediately preceding the filing of his Complaint. At the time of filing, however, Plaintiff’s available balance was only $.18. (ECF No. 2 at 5, 7.) Accordingly, the Court GRANTS Plaintiff’s Motion to Proceed IFP (ECF No. 2) and assesses an initial partial filing fee of $1.95 pursuant to 28 U.S.C. § 1915(b)(1). This initial fee need be collected, however, only if sufficient funds are available in Plaintiff’s account at the time this Order is executed. See 28 U.S.C. § 1915(b)(4) (providi

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Anthony Jordan Tennessee, Jr. v. F. Camacho; P. Plascencia; Multiple John Does; Multiple Jane Does, (S.D. Cal. 2025).

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