1 2 3 UNITED STATES DISTRICT COURT 4 CENTRAL DISTRICT OF CALIFORNIA 5
6 7 KENDALL DEJUAN SIMON, Case No. 2:21-cv-6656-VAP (MAR) 8 Plaintiff, ORDER DISMISSING COMPLAINT 9 WITH LEAVE TO AMEND v. 10 STATE OF CALIFORNIA, 11 Defendant. 12
13 I. 14 INTRODUCTION 15 On August 7, 2021, Kendall Dejuan Simon (“Plaintiff”) proceeding pro se, 16 constructively filed1 a Complaint (“Complaint”). ECF Docket No. (“Dkt.”) 1. 17 Plaintiff also filed a Request to Proceed to In Forma Pauperis (“IFP”), Dkt. 2, which 18 the Court instructed Plaintiff to amend. Dkt. 6. Plaintiff submitted a new Request to 19 Proceed IFP, Dkt. 9, which appears to suffer from the same deficiencies as his first 20 IFP Request. For the reasons discussed below, the Court denies Plaintiff’s second 21 IFP Request dismisses the Complaint with leave to amend. 22 If Plaintiff desires to pursue this action, he is ORDERED to respond by 23 no later than January 10, 2022, by choosing one of the three (3) options 24 discussed in Part V, below. If Plaintiff chooses to file an amended complaint, 25 he must also file a new Request to Proceed IFP. Further, Plaintiff is admonished 26 27 1 Under the “mailbox rule,” when a pro se inmate gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. 1 that, if he fails to timely respond, the Court will recommend that this action be 2 dismissed without further leave to amend and with prejudice for failure to state a 3 claim and follow the Court’s orders. 4 II. 5 SUMMARY OF THE COMPLAINT 6 A. ALLEGATIONS 7 The Complaint lists a single defendant, State of California, and includes two 8 causes of action that appear to lump together several claims: (1) “kidnapping in the 9 form of an arrest – the rights to basic freedoms – double jeopardy” and (2) “Double 10 Jeopardy – false 911 report – stalking[.]” Dkt. 1 at 1, 3, 8. In the form Complaint, 11 Plaintiff also checks four (4) boxes identifying four (4) additional issues involved: (1) 12 disciplinary proceedings, (2) threat to safety, (3) access to the court, and (4) retaliation. 13 Dkt. 1 at 3. 14 Plaintiff lists the following supporting facts in support of his first cause of 15 action: 16 (a) Plaintiff was kidnapped by two (2) officers reeking of marijuana and liquor 17 in the form of an arrest; 18 (b) Plaintiff was stalked by two (2) males who got the 911 operator to issue a 19 warrant “out of [sic] air with no evidence or proof of crime; 20 (c) “Double jeopardy – charged with same crime twice in same area (Case # 21 ZM048107)”; 22 (d) “Foul play on arrest”; and 23 (e) “Didn’t tell truth on police report[.]” 24 Dkt. 1 at 3. Plaintiff alleges that he has “been institutionalized, forced to fight” and 25 received “no medical attention for back injury in jail while innocent of charges.” Id. 26 Plaintiff explains that the events underlying the first cause of action as follows: [A]ll started about 4 years ago when [Plaintiff] first made [his] way 27 to Beverly Hills Blvd . . . [Plaintiff] was taken to jail from Beverly Hills threats 1 vandalism . . . [Plaintiff] was then released to the custody of a 1 physciatric [sic] clinic that in return released [Plaintiff] from custody after 2 2 [illegible] days, then [Plaintiff] mistakenly returned to the shopping center to walk to [Plaintiff’s] second bus to get [illegible] to home. When 3 [Plaintiff] walked past the coffee & TSA spa they came running out the 4 door to follow [Plaintiff].[2] . . . They then followed [Plaintiff] to the elevator and established verably [sic] that they were armed with a knife 5 and small caliber hand gun they never pull them out so for feet [sic] 6 [Plaintiff] cant say they had a firearm but [Plaintiff] did see the knife so [Plaintiff] took off walking away from their [illegible]. [Plaintiff] speed 7 walked to the grocery store to find safety [Plaintiff] was afraid for 8 [Plaintiff’s] life and the two males then stalked [Plaintiff] all the way to the grocery store . . . After [Plaintiff] got there the security guard approached 9 [Plaintiff] to ask what’s wrong [Plaintiff] hold him there were two males 10 following [Plaintiff] with gun and knife. He informed [Plaintiff] that this type of thing happens everyday [illegible] guys stalking handsome men 11 [sic] violations. He told [Plaintiff] to walk to a restaurant and walk in and 12 they would stop following [Plaintiff]. During this entire ordeal they were on the phone with 911 fabricating an emergency to get a warrant issued 13 with no evidence . . . [W]ell two officers pulled up and detained [Plaintiff] 14 for having scissors then found no scissors then changed there [sic] story to warrant for arrest . . . Then the two males [illegible]. [Plaintiff[ had just 15 got released on and called 911 and got them to charge [Plaintiff] with the 16 exact same crimes or criminal charges that [Plaintiff] was released on . . . Again for a second time[.] They arrested [Plaintiff] and put [Plaintiff] in a 17 marijuana reeking squad [illegible] SUV. . . [Plaintiff] was then arrested for 18 3 agg assaults 3 criminal threats and 1 vandalism the exact same charges [Plaintiff] had just been released on. 19 Dkt. 1 at 4-7. 20 As to the second cause of action, “Double Jeopardy – false 911 report – 21 stalking,” Plaintiff alleges: 22 (a) Plaintiff “was stalked by both 2 males on [Plaintiff’s] police report”; 23 (b) “Police Report reads no Miranda rights no evidence” 24 (c) “It is an illegal act to arrest with no evidence. No Miranda rights on police 25 report.” 26
27 2 Plaintiff further alleges that the footage from the day of Plaintiff’s arrest will show that Plaintiff 1 Dkt. 1 at 8. Plaintiff also explains that he has suffered “mental anguish and 4 years of 2 mental treatment do [sic] to incarceration. Night tremors. Forced to fight for 3 survival.” Id. 4 B. RELIEF SOUGHT 5 Plaintiff is “seeking [Plaintiff’s] freedom and the basic reimbursement for time 6 lost in jail while innocent[.]” Dkt. 1 at 9. In addition, Plaintiff seeks “[r]elief for time 7 served while innocent with trial by judge as proof of innocence.” Id. 8 III. 9 STANDARD OF REVIEW 10 Where a plaintiff is incarcerated3 a court must screen the complaint under 28 11 U.S.C. § 1915A and is required to dismiss the case at any time if it concludes the 12 action is frivolous or malicious, fails to state a claim on which relief may be granted, 13 or seeks monetary relief against a defendant who is immune from such relief. 28 14 U.S.C. § 1915A; see Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). 15 Dismissal for failure to state a claim can be warranted based on either a lack of 16 a cognizable legal theory or the absence of factual support for a cognizable legal 17 theory. See, e.g., Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th 18 Cir. 2008). A complaint may also be dismissed for failure to state a claim if it 19 discloses some fact or complete defense that will necessarily defeat the claim. 20 Franklin v. Murphy, 745 F.2d 1221, 1228–29 (9th Cir. 1984), abrogated on other 21 grounds by Neitzke v. Williams, 490 U.S. 319 (1989). Although the plaintiff must 22 provide “more than labels and conclusions,” Bell Atl. Corp. v. Twombly, 550 U.S. 23 544, 555 (2007), “[s]pecific facts are not necessary; the [complaint] need only give the 24 defendant[s] fair notice of what the . . . claim is and the grounds upon which it rests.” 25 26 27 3 As the Court explained in its Order instructing Plaintiff to resubmit his IFP Request with additional information, Plaintiff’s current confinement status is unclear. See Dkt. 6. Nonetheless, 1 Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (citations and quotation marks 2 omitted). 3 In considering whether a complaint states a claim, a court must accept as true 4 all of the material factual allegations in it. Hamilton v. Brown, 630 F.3d 889, 892–93 5 (9th Cir. 2011). However, a court need not accept as true “allegations that are merely 6 conclusory, unwarranted deductions of fact, or unreasonable inferences.” In re 7 Gilead Scis. Sec. Litig., 536 F.3d 1049, 1055 (9th Cir. 2008). The court must also 8 construe the pleading in the light most favorable to the pleading party and resolve all 9 doubts in the pleader’s favor. See, e.g., Berg v. Popham, 412 F.3d 1122, 1125 (9th Cir. 10 2005). Pro se pleadings are “to be liberally construed” and are held to a less stringent 11 standard than those drafted by a lawyer. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 12 2010) (“Iqbal incorporated the Twombly pleading standard and Twombly did not 13 alter courts’ treatment of pro se filings; accordingly, we continue to construe pro se 14 filings liberally when evaluating them under Iqbal.”). 15 If a court finds the complaint should be dismissed for failure to state a claim, a 16 court has discretion to dismiss with or without leave to amend. Lopez v. Smith, 203 17 F.3d 1122, 1126–30 (9th Cir. 2000) (en banc). Leave to amend should be granted if it 18 appears possible the defects in the complaint could be corrected, especially if the 19 plaintiff is pro se. Id. at 1130–31; see also Cato v. United States, 70 F.3d 1103, 1106 20 (9th Cir. 1995). However, if, after careful consideration, it is clear a complaint cannot 21 be cured by amendment, a court may dismiss without leave to amend. Cato, 70 F.3d 22 at 1105, 1107–11. 23 /// 24 /// 25 /// 26 /// 27 /// 1 IV. 2 DISCUSSION 3 A. THE COMPLAINT FAILS TO STATE A CLAIM OR COMPLY WITH 4 RULE 8 5 1. Applicable law 6 Rule 8 requires a complaint contain “a short and plain statement of the claim 7 showing that the pleader is entitled to relief” and “a demand for the relief sought.” 8 Fed. R. Civ. P. 8. Rule 8(a) “requires a ‘showing,’ rather than a blanket assertion, of 9 entitlement to relief.” See Twombly, 550 U.S. at 555. “[T]he ‘short and plain 10 statement’ [required by Rule 8] must provide the defendant with ‘fair notice of what 11 the plaintiff’s claim is and the grounds upon which it rests.’” Dura Pharms., Inc. v. 12 Broudo, 544 U.S. 336, 346 (2005). 13 A court may dismiss a complaint because it is unintelligible or frivolous “where 14 it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 15 325 (1989). Further, Rule 8 requires that a complaint clearly establish the claims and 16 parties such that a defendant would have “no difficulty in responding to the claims 17 with an answer and/or with a Rule 12(b)(6) motion to dismiss.” Hearns v. San 18 Bernardino Police Dep’t, 530 F.3d 1124, 1131–32 (9th Cir. 2008); Conley v. Gibson, 19 355 U.S. 41, 47 (1957). 20 2. Analysis 21 Here, even construed liberally, the Complaint provides nothing that could be 22 construed as a cause of action or claim for relief. The caption of the Complaint only 23 names “State of California” as a defendant—though does not reference the “State of 24 California” anywhere in the body of the Complaint—and otherwise only refers to 25 individuals involved as the two (2) police officers or two (2) males. Dkt. at 4-8. 26 Likewise, Plaintiff does not cite any constitutional violations, or explain what actions 27 any specific defendant took that led to that constitutional violation. Without any 1 current state, no would-be defendants could identify any claims to respond to. Thus, 2 the Complaint fails to state any cognizable claim and is subject to dismissal for failure 3 to comply with Rule 8. 4 Ultimately, unclear pleadings, like the Complaint, that “leav[e] it to the Court to 5 figure out what the full array of [Plaintiff’s] claims is and upon what federal law, and 6 upon what facts, each claim is based,” are subject to dismissal. Little v. Baca, No. CV 7 13-0373-PA (RZ), 2013 WL 436018, at *3 (C.D. Cal. Feb. 1, 2013). Plaintiff’s 8 Complaint does not set forth a “short and plain statement” of his claims as to the 9 Defendants. Dura Pharms., Inc., 544 U.S. at 346. The Complaint fails to state any 10 cognizable claim and is therefore subject to dismissal for failure to comply with Rule 11 8. See McHenry, 84 F.3d at 1177. If Plaintiff chooses to file an amended complaint, 12 he must identify the legal and factual basis for each defendants’ alleged liability. 13 Therefore, in any amended complaint, Plaintiff should clearly state: 14 (1) Who each Defendant is; 15 (2) What each Defendant did to cause Plaintiff harm; 16 (3) When and where each Defendant committed the alleged acts; 17 (4) What federal constitutional right or statute each Defendant violated; and 18 (5) What harm resulted from each Defendant’s alleged acts. 19 See Tucker v. Stewart, 72 F. App’x 597, 598 (9th Cir. 2003) (denying plaintiff’s 20 claims for failing to satisfy Rule 8 where he failed to allege these elements as 21 instructed by the district court). 22 Irrespective of Plaintiff’s pro se status, if he wishes to proceed with this action, 23 he must comply with the Federal Rules of Civil Procedure and the Local Rules of the 24 United States District Court for the Central District of California (“L.R.”). See, e.g., 25 Briones v. Riviera Hotel & Casino, 116 F.3d 379, 382 (9th Cir. 1997) (“pro se litigants 26 are not excused from following court rules”; L.R. 1-3 (“Persons appearing pro se are 27 bound by these rules, and any reference in these rules to ‘attorney’ or ‘counsel’ applies 1 B. PLAINTIFF FAILS TO STATE AN INADEQUATE MEDICAL CARE 2 CLAIM UNDER THE FOURTEENTH AMENDMENT 3 1. Applicable law 4 The Fourteenth Amendment governs claims for violations of the right to 5 adequate medical care brought by pretrial detainees. Gordon, 888 F.3d at 1124–25, 6 cert. denied sub nom. Cty. of Orange, Cal. v. Gordon, 139 S. Ct. 794 (2019). A claim 7 of denial of the right to adequate medical care under the Fourteenth Amendment is 8 analyzed under an objective deliberate indifference standard. Id. The elements of 9 such a claim are: (i) the defendant made an intentional decision with respect to the 10 conditions under which the plaintiff was confined; (ii) those conditions 11 put the plaintiff at substantial risk of suffering serious harm; (iii) the defendant did not take reasonable available measures to abate that risk, 12 even though a reasonable official in the circumstances would have 13 appreciated the high degree of risk involved—making the consequences of the defendant’s conduct obvious; and (iv) by not taking such measures, 14 the defendant caused the plaintiff’s injuries. 15 Id. 16 “With respect to the third element, the defendant’s conduct must be objectively 17 unreasonable, a test that will necessarily ‘turn[ ] on the facts and circumstances of each 18 particular case.’” Id. (quoting Castro v. Cty. of Los Angeles, 833 F.3d 1060, 1071 (9th 19 Cir. 2016)). The “‘mere lack of due care’” is insufficient. Id. (quoting Daniels v. 20 Williams, 474 U.S. 327, 330–31 (1986)). A plaintiff must “prove more than negligence 21 but less than subjective intent – something akin to reckless disregard.” Id.; Sarkiss v. 22 Duncan, No. CV 17-06866-VAP (DFM), 2017 WL 10562979, at *6 (C.D. Cal. Sept. 23 22, 2017) (“[A] claim of medical malpractice or mere negligence is insufficient to make 24 out a Fourteenth Amendment claim.”). 25 2. Analysis 26 Here, Plaintiff alleges he received “no medical attention for back injury 27 [Plaintiff] had in jail while innocent of charges” and that he has suffered “mental 1 appears Plaintiff has alleged both that he has not received treatment for injuries but 2 that he has also been injured by the “mental treatment” that he did receive. Plaintiff, 3 however, does not explain how he was injured by the medical care he received (or lack 4 thereof), or how his original injuries were exacerbated by any would-be defendants’ 5 decisions regarding Plaintiff’s medical care. Furthermore, Plaintiff has not alleged any 6 facts about defendants’ conduct that could show the defendants acted with more than 7 a “something akin to reckless disregard—i.e., with something more than negligence.” 8 Gordon, 888 F.3d at 1124–25. As noted above, any amended complaint should 9 include these additional details, if possible, and clearly restate relevant information 10 from the Complaint. 11 C. THE COMPLAINT APPEARS HECK BARRED AND SUBJECT TO 12 DISMISSAL 13 1. Applicable law 14 A petition for a writ of habeas corpus “is the exclusive remedy for a state 15 prisoner who challenges the fact or duration of his confinement.” Heck v. 16 Humphrey, 512 U.S. 477, 481 (1994). “[A] state prisoner’s § 1983 action is barred” if 17 “success in that action would necessarily demonstrate the invalidity of confinement or 18 its duration,” except where the prisoner’s conviction has already been invalidated. 19 Wilkinson v. Dotson, 544 U.S. 74, 81–82 (2005). 20 2. Analysis 21 Here, Plaintiff—in addition to the Fourteenth Amendment claim regarding 22 inadequate medical care—alleges facts that may be construed as wrongful arrest, and 23 therefore appears to challenge the validity of his conviction, as opposed to the 24 conditions of his confinement. See Dkt. 1. Indeed, in addition to reimbursement for 25 time served, Plaintiff seeks his release from custody. Id. at 9. Success on Plaintiff’s 26 challenges to the arrest that led to his conviction would necessarily invalidate 27 Plaintiff’s conviction. Plaintiff has not shown his conviction has already been 1 2 V. 3 REQUEST TO PROCEED IFP 4 A. APPLICABLE LAW 5 All parties instituting any civil action, suit or proceeding in a district court of 6 the United States, except an application for writ of habeas corpus, must pay a filing 7 fee. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to 8 prepay the entire fee only if the plaintiff is granted leave to proceed IFP pursuant to 9 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). 10 However, “[u]nlike other indigent litigants, prisoners proceeding IFP must pay the full 11 amount of filing fees in civil actions and appeals pursuant to the PLRA [Prison 12 Litigation Reform Act].” Agyeman v. INS, 296 F.3d 871, 886 (9th Cir. 2002). 13 The filing fee provisions of 28 U.S.C. § 1915(b) do not apply where the plaintiff 14 was not a “prisoner” as defined by 28 U.S.C. § 1915(h) the time the action was filed. 15 Andrews v. King, 398 F.3d 1113, 1122 (9th Cir. 2005); Page v. Torrey, 201 F.3d 1136, 16 1140 (9th Cir. 2000) (“we hold that . . . the PLRA’s requirement that prisoner 17 plaintiffs seeking to proceed in forma pauperis must provide copies of prisoner trust 18 fund account statements” does not apply where plaintiff is detained not for his 19 criminal conviction, “but rather a civil commitment for non-punitive purposes.” 20 (emphasis added)). 21 For purposes of the PLRA, a “prisoner” is “any person incarcerated or 22 detained in any facility who is accused of, convicted of, sentenced for, or adjudicated 23 delinquent for, violations of criminal law or the terms and conditions of parole, 24 probation, pretrial release, or diversionary program.” 28 U.S.C. § 1915(h). A “civil 25 detainee” on the other hand, is not a “prisoner” within the meaning of the PLRA. 26 Andrews, 398 F.3d at 1122; Agyeman, 296 F.3d at 886 (holding that INS detainee not 27 also facing criminal charges is not a “prisoner” under section 1915). 1 B. ANALYSIS 2 On August 7, 2021, Plaintiff constructively filed a Motion to Proceed IFP. 3 Dkt. 2. The Court issued an Order instructing Plaintiff to resubmit his Motion to 4 Proceed IFP because the Motion lacked certain information necessary to decide on 5 the Motion. Dkt. 6. On December 1, 2021, Plaintiff submitted a Motion to Proceed 6 IFP that appears to be a copy of his first Motion. Dkt. 9. Thus, Plaintiff has failed to 7 comply with the Court’s instructions regarding proceeding IFP. 8 Plaintiff states that he was “released on charges” but that he now sits “5 years 9 later still institutionalized for crimes [he] went to trial by judge [sic] and was found 10 innocent on all charges [sic].” Dkt. 1 at 7. However, he provides no additional 11 information to allow the Court to understand and verify his current status and 12 whether he qualifies as a “prisoner” under the PLRA. 13 Thus, if Plaintiff is either presently detained awaiting trial, or if he was already 14 convicted, sentenced, and is presently detained pursuant to his conviction and 15 sentence, then Plaintiff will need to submit a new Form CV-73P that includes his trust 16 account statements. If, on the other hand, Plaintiff’s present detention is pursuant to 17 a civil commitment, then the Court will consider Plaintiff’s current IFP Motion, Dkt. 18 2. 19 Accordingly, Plaintiff must reply to this Order with one the three (3) options 20 listed below, which should also address his current detention status and whether he 21 qualifies as a “prisoner” pursuant to the PLRA. Plaintiff must also file a new Form 22 CV-60P and include his trust account information. The Clerk of Court is 23 instructed to include a new Form CV-60P for Plaintiff’s convenience. 24 VI. 25 LEAVE TO FILE AN AMENDED COMPLAINT 26 For the foregoing reasons, the Complaint is subject to dismissal. As the Court 27 is unable to determine whether amendment would be futile, leave to amend is granted. 1 Accordingly, IT IS ORDERED THAT by January 10, 2022, Plaintiff must 2 choose one (1) of the following three (3) options: 3 1. Plaintiff may file an Amended Complaint to attempt to cure the deficiencies 4 discussed above. The Clerk of Court is instructed to mail Plaintiff a blank 5 Central District civil rights complaint form to use for filing an Amended 6 Complaint, which the Court encourages Plaintiff to use. The Clerk of Court is 7 also directed to mail Plaintiff a copy of his Complaint, Dkt. 1, for his reference. 8 If Plaintiff chooses to file an Amended Complaint, Plaintiff is advised that 9 doing so would entirely replace the Complaint in this action. In addition, any 10 Amended Complaint must: 11 (a) be labeled “First Amended Complaint”; 12 (b) be complete in and of itself and not refer in any manner to prior 13 complaints, i.e., it must include all of the claims on which Plaintiff seeks to 14 proceed, (see Local Rule 15-2); 15 (c) contain a “short plain” statement of the claim(s) for relief, see Fed. R. Civ. 16 P. 8(a) and identify whether Plaintiff is suing Defendants in their individual 17 or official capacity; 18 (d) make each allegation “simple, concise and direct,” Fed. R. Civ. P. 8(d)(1); 19 (e) make allegations in numbered paragraphs, “each limited as far as practicable 20 to a single set of circumstances,” Fed. R. Civ. P. 10(b); 21 (f) set forth clearly the sequence of events (including specific relevant dates) 22 which allegedly gives rise to the claim(s) for relief, including what each 23 defendant did and how each specific defendant’s conduct injured plaintiff; 24 and 25 (g) not add defendants or claims without leave of court. 26 2. Alternatively, Plaintiff may file a notice with the Court that he intends to 27 stand on the allegations in his Complaint. If Plaintiff chooses to stand on the 1 | submit a recommendation to the assigned district judge that the Complaint be 2 | dismissed with prejudice for failure to state a claim, subject to Plaintiffs right at 3 | that time to file Objections with the district judge as provided in the Local Rules 4 | Governing Duties of Magistrate Judges. 5 3. Finally, Plaintiff may voluntarily dismiss the action without prejudice, 6 | pursuant to Federal Rule of Civil Procedure □□ (a). ‘The Clerk of Court is directed 7 | to mail Plaintiff a blank Notice of Dismissal Form, which the Court 8 | encourages Plaintiff to use if they choose to voluntarily dismiss the action. 9 Plaintiff is explicitly cautioned that failure to timely file an Amended 10 | Complaint will result in this action being dismissed with prejudice for failure 11 | to state a claim, or for failure to prosecute and/or obey Court orders pursuant 12 | to Federal Rule of Civil Procedure 41(b). 13 14 | Dated: December 22, 2021 □□ = 15 HONORABLE MARGO A. ROCCONI 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28
MA70212¢9 Ken DET TMG Name and Prisonet/Booking Number : is ( 2 te VED Place of Confinement Hip 9 (Hor mtomeeatO Pye AUS Le 2021 FE L E Mailing Address . CLERK, U.S. DISTRICT ¢ DH Nolw ay CA, {0 690 _ EASTERN DISTRICT OF CALIFORNIA Peds, BY QY DEPUTY ciecreis (Failure to notify the Court of your change of address may result in dismissal of this. action.) AUG 1p 2024 , CLERK yy EA □□□ Dis “STERN DisTRicr □□ □□□□ IN THE UNITED STATES DISTRICT COURT regalo : FOR THE EASTERN DISTRICT OF CALIFORNIA
K eon DESUAN SIMON 5 (Full Name of Plaintiff) Plaintiff, ) ALOE WO) SPUREPD ) Ye v. □ caseno. LMOUSIO FZ oo ) (To be supplied by the Clerk) STATE □□ CALCEGENIA ) (Full Name of Defendant) ) ) ) CIVIL RIGHTS COMPLAINT (3) ») BY APRISONER ) (4) 5) Moriginal Complaint Defendant(s). ) OFirst Amended Complaint [check if there are additional Defendants and attach page J-A listing them. ) Ol Second Amended Complaint
A. JURISDICTION 1. This Court has jurisdiction over this action pursuant to: [] 28 U.S.C. § 1343(a); 42 U.S.C. § 1983 L] 28 U.S.C. § 1331; Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). (} Other: .
2. Institution/city where violation occurred: ( LA ) | .
Revised 3/15/2016 .
B. DEFENDANTS 1. Name of first Defendant: Ke A411 □□□ SIMON _. The first Defendant is employed as: Medicol\ “G bs Peck, Zt at (Position and Title) (Institution) 2. Name of second Defendant: . The second Defendant is employed as: at. : (Position and Title) (Institution) 3. Name of third Defendant: . The third Defendant is employed as: at (Position and Title) (Institution) 4. Name of fourth Defendant: . The fourth Defendant is employed as: at (Position and Title) (Institution) If you name more than four Defendants, answer the questions listed above for each additional Defendant on a separate page. C. PREVIOUS LAWSUITS
1. Have you filed any other lawsuits while you were a prisoner? [] Yes Aro
2. Ifyes, how many lawsuits have you filed? . Describe the previous lawsuits:
a. First prior lawsuit: 1. Parties: eA) AU ODdANTEMN v. STATE WE CAL) FoCNIA □ LAP 2. Court and case number: _ ZMOYC1O7 - BAU EZS 24 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) Peaol in : b. Second prior lawsuit: 1. Parties: v. 2. Court and case number: 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) □
c. Third prior lawsuit: 1. Parties: v. 2. Court and case number: . 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) .
If you filed more than three lawsuits, answer the questions listed above for each additional lawsuit on a separate page.
D. CAUSE OF ACTION
CLAIM I 1. State the constitutional or other federal civil right that was violated: Kid napac WN ob AN AQWEST- TE MiwdTs To Gtsin, PDMS ae ait a 2. Claim I. Identify the issue involved. Check only one. 7 additional issues in separate claims, (1,Basic necessities CJ Mail Access to the court Medica care Disciplinary proceedings fener LC] Exercise of religion Retaliation C] Excessive force by an officer Threat to safety [] Other: . 3. Supporting Facts. State as briefly as possible the FACTS supporting Claim I. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments. WwAs KiDwAee Ly two oeercHly (2¢s 16 □□□ MACETUANA □ [rRoe Tr) tHe OF Ap
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CLAIM II 1. State the NOTE ee other federal civil right that was violated: DouGte TC¢ MOA □ PEASE Qi} Leotts CcTAUGNLe □
2. Claim II. Identify the issue involved. Check only one. State additional issues in separate claims. Basic necessities EMail L] Access to the court (] Medical care _] Disciplinary proceedings L] Property Exercise of religion L] Retaliation Excessive force by an officer [1 Threat to safety MW Other: □□□ licerryy © Poslt 3. Supporting Facts. State as briefly as possible the FACTS supporting Claim II. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments. rAred Oo 4H [Lec FY ery _ Mette! _& Prias Ceputr,” talte oes WhARLA Oo ¢ ViPeENICE ——t_—re AMS AH? GRe Ata To Acres fee KD Ee VLD o KK) ANF) ¢ DAte Cy f Nn
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5. Administrative Remedies. □ a. Arethere any administrative remedies (grievance procedures or administrative appeals) soe at your institution? yés LINo b. Did you submit a request for administrative relief on Claim II? Yes □□ No c. Did you appeal your request for relief on Claim II to the highest level? hes L] No d. Ifyou did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. . □
CLAIM HI 1. State the constitutional or other federal civil right that was violated: .
2. Claim II. Identify the issue involved. Check only one. State additional issues in separate claims. C1 Basic necessities L] Mail L_] Access to the court L) Medical care Disciplinary proceedings Property L] Exercise of religion L} Retaliation C Excessive force by an officer [1 Threat to safety L] Other:
3. Supporting Facts. State as briefly as possible the FACTS supporting Claim III. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments.
□ I
ee
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4. Injury. State how you were injured by the actions or inactions of the Defendant(s). TT □ .
5. Administrative Remedies. a. Arethere any administrative remedies (grievance procedures or administrative appeals) available at your institution? [C1 Yes b. Did you submit a request for administrative relief on Claim III? [Yes □□ □□ c. Did you appeal your request for relief on Claim III to the highest level? C1 Yes □□ □□ d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. .
If you more than three Claims, answer the questions listed above for each additional Claim on a separate page.
E. REQUEST FOR RELIEF State the relief you are seeking: , (A Seer MY +Keas OA p Pe Cosil TAMER ieee Fo NE Ls
Ree Fo time See uoereic A Wt ORL (ous \OGC J] Or Vy ©
I declare under penalty of perjury that the foregoing is true and correct. Executed on Avg * sk - □□□ □ DATE SIGNATURE OF PLAINTIFF
(Name and title of paralegal, legal assistant, or other person who helped prepare this complaint)
(Signature of attorney, if any)
(Attorney’s address & telephone number)
ADDITIONAL PAGES All questions must be answered concisely in the proper space on the form. If you need more space you may attach more pages, but you are strongly encouraged to limit your complaint to twenty-five pages. If you attach additional pages, be sure to identify which section of the complaint is being continued and number all pages. Remember, there is no need to attach exhibits to your complaint.
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER Plaintiff(s), v. NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c) Defendant(s). PLEASE TAKE NOTICE: (Check one) G This action is dismissed by the Plaintiff(s) in its entirety. G The Counterclaim brought by Claimant(s) is dismissed by Claimant(s) in its entirety. G The Cross-Claim brought by Claimants(s) is dismissed by the Claimant(s) in its entirety. G The Third-party Claim brought by Claimant(s) is dismissed by the Claimant(s) in its entirety. G ONLY Defendant(s) is/are dismissed from (check one)G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim brought by . The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c). Date Signature of Attorney/Party NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive COMMITTED NAME (if different) FULL ADDRESS INCLUDING NAME OF INSTITUTION
PRISON NUMBER (if applicable) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER To be supplied by the Clerk PLAINTIFF, v. CIVIL RIGHTS COMPLAINT PURSUANT TO (Check one) G 42 U.S.C. § 1983 DEFENDANT(S). G Bivens v. Six Unknown Agents 403 U.S. 388 (1971) A. PREVIOUS LAWSUITS 1. Have you brought any other lawsuits in a federal court while a prisoner: G Yes G No 2. If your answer to “1.” is yes, how many? Describe the lawsuit in the space below. (If there is more than one lawsuit, describe the additional lawsuits on an attached piece of paper using the same outline.) Defendants b. Court
c. Docket or case number d. Name of judge to whom case was assigned e. Disposition (For example: Was the case dismissed? If so, what was the basis for dismissal? Was it appealed? Is it still pending?) f. Issues raised: g. Approximate date of filing lawsuit: h. Approximate date of disposition
B. EXHAUSTION OF ADMINISTRATIVE REMEDIES 1. Is there a grievance procedure available at the institution where the events relating to your current complaint occurred? G Yes G No 2. Have you filed a grievance concerning the facts relating to your current complaint? G Yes G No If your answer is no, explain why not
3. Is the grievance procedure completed? G Yes G No If your answer is no, explain why not
4. Please attach copies of papers related to the grievance procedure. C. JURISDICTION This complaint alleges that the civil rights of plaintiff (print plaintiff's name) who presently resides at , (mailing address or place of confinement) were violated by the actions of the defendant(s) named below, which actions were directed against plaintiff at (Claim I) (Claim II) (Claim III) NOTE: You need not name more than one defendant or allege more than one claim. If you are naming more than five (5) defendants, make a copy of this page to provide the information for additional defendants. 1. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law:
2. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law:
3. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law: (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law:
5. Defendant resides or works at (full name of first defendant) (full address of first defendant) (defendant's position and title, if any) The defendant is sued in his/her (Check one or both): G individual G official capacity. Explain how this defendant was acting under color of law: The following civil right has been violated:
Supporting Facts: Include all facts you consider important. State the facts clearly, in your own words, and without citing legal authority or argument. Be certain you describe, in separately numbered paragraphs, exactly what each DEFENDANT (by name) did to violate your right.
*If there is more than one claim, describe the additional claim(s) on another attached piece of paper using the same outline. I believe that I am entitled to the following specific relief:
(Date) (Signature of Plaintiff)