UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:21-cv-02593-ODW-KES Date: May 27, 2021
Title: ROBERT DAMON EPPS v. LAC
PRESENT:
THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
Jazmin Dorado Not Present Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR PLAINTIFF: DEFENDANTS: None Present None Present
PROCEEDINGS (IN CHAMBERS): Order to Show Cause Why this Action Should Not Be Dismissed
In March 2021, Robert Damon Epps (“Plaintiff”), an inmate in state custody who is proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. (“Complaint” at Dkt. 1.) The Complaint requested assignment to a single cell based on Plaintiff’s fear of physical assault by other inmates. (Id. at 5.) The Court reviewed the Complaint under the Prison Litigation Reform Act, 28 U.S.C. § 1915A(a), and found that it failed to state a claim against LAC (California State Prison-Los Angeles County), the prison where Plaintiff is currently housed and the only Defendant named in the Complaint. (Dkt. 6); see also CDCR Inmate Locator, https://inmatelocator.cdcr.ca.gov/. The Court dismissed the Complaint with leave to amend, directing Plaintiff to respond to the dismissal order on or before May 4, 2021. (Dkt. 6 at 3-4.) As of the date of this Order, the Court has not received any further filings from Plaintiff. IT IS HEREBY ORDERED that, on or before June 28, 2021, Plaintiff shall show cause why this action should not be dismissed for lack of prosecution and/or failure to follow this Court’s orders. Plaintiff may discharge this Order to Show Cause by either: (a) filing a First Amended Complaint that attempts to remedy the defects identified in the Court’s dismissal order; (b) explaining why he missed the most recent deadline to do so and demonstrating good cause for an extension of the deadline; or (c) filing a notice of voluntary dismissal of this action. CIVIL MINUTES – GENERAL
Case No. 2:21-cv-02593-ODW-KES Date: May 27, 2021 Page 2
The Clerk is directed to provide Plaintiff with the standard forms for filing a civil rights complaint (Form CV-66) and a notice of voluntary dismissal (Form CV-09). If Plaintiff fails to respond to this Order to Show Cause, the Court may dismiss this action for lack of prosecution and/or failure to follow the Court’s orders.
Initials of Deputy Clerk JD CIVIL MINUTES – GENERAL
Case No. 2:21-cv-02593-ODW-KES Date: May 27, 2021 Page 3
TIPS FOR WRITING BETTER COMPLAINTS 1. Plead “Facts” Rather than Just “Conclusions or Labels.” An order dismissing a complaint with leave to amend might say, “___.” Your Complaint should include a label or conclusion that identifies your legal claim and the facts supporting it. To make sure that you have both, you need to understand the difference between them. The following examples illustrate the difference: Pleading Conclusions or Labels Pleading Facts Officer Smith used excessive force. Officer Smith punched me in the face while I was handcuffed. Nurse Jones acted with deliberate I saw Nurse Jones at the clinic. I told her I indifference. was bleeding and she could see that I was bleeding, but she did nothing to help me until I passed out. The Mayor violated my First Amendment When I posted a comment criticizing the rights. Mayor’s failure to enact police reforms, the Mayor deleted my comment and blocked me from posting future comments. The officers conducted an unreasonable The officers had a warrant to search for a search. stolen car, but they searched areas of my house where they knew they would not find a stolen car. They searched all my kitchen cabinets and drawers. Defendant injured me. Defendant assaulted Defendant kicked me in the shin, causing me me. to trip and break my wrist.
Imagine that you hired a group of actors to reenact the wrongdoing that happened to you. If you only gave them the information in left-hand column, then they could not act out the scene. If you gave them the information in the right-hand column, then they would know how to act out the scene. As a general rule, you should include enough facts in your Complaint that an actor reading it could act out what happened to you. 2. Identify Who Did What. One way to identify who did what is to avoid using “passive” verbs. Consider these two CIVIL MINUTES – GENERAL
Case No. 2:21-cv-02593-ODW-KES Date: May 27, 2021 Page 4
sentences, the first of which uses a passive verb: I was hit by the ball. My brother hit me with the ball. The first sentence does not say who hit me. The second sentence, however, reveals that my brother is the person who hit me. Allegations in a complaint should be phrased like the second sentence. If you do not know the name of the person who acted wrongfully, then you can refer to them as “Doe.” For example, you might refer to two unknown correctional officers as “CO Doe 1” and “CO Doe 2.” Another way to identify who did what is to use particular a Defendant’s name rather than a group pronoun (like “they”) or lumping all the Defendants together. For example: Unclear Who Did What Clear Who Did What Defendants searched my cell and took my CO Smith and CO Jones searched my cell. property. When I came back, everything was out of place and my radio was gone. I believe one of them took it. They refused my request for Kosher meals. I submitted a request for Kosher meals and was interviewed by the chaplain. I later received a written denial of my request signed by Sgt. Smith. I was denied necessary medical equipment. I told Dr. Jones that my feet hurt and requested that she authorize orthotic inserts for my shoes, but she refused to do so. 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.
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:21-cv-02593-ODW-KES Date: May 27, 2021
Title: ROBERT DAMON EPPS v. LAC
PRESENT:
THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
Jazmin Dorado Not Present Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR PLAINTIFF: DEFENDANTS: None Present None Present
PROCEEDINGS (IN CHAMBERS): Order to Show Cause Why this Action Should Not Be Dismissed
In March 2021, Robert Damon Epps (“Plaintiff”), an inmate in state custody who is proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. (“Complaint” at Dkt. 1.) The Complaint requested assignment to a single cell based on Plaintiff’s fear of physical assault by other inmates. (Id. at 5.) The Court reviewed the Complaint under the Prison Litigation Reform Act, 28 U.S.C. § 1915A(a), and found that it failed to state a claim against LAC (California State Prison-Los Angeles County), the prison where Plaintiff is currently housed and the only Defendant named in the Complaint. (Dkt. 6); see also CDCR Inmate Locator, https://inmatelocator.cdcr.ca.gov/. The Court dismissed the Complaint with leave to amend, directing Plaintiff to respond to the dismissal order on or before May 4, 2021. (Dkt. 6 at 3-4.) As of the date of this Order, the Court has not received any further filings from Plaintiff. IT IS HEREBY ORDERED that, on or before June 28, 2021, Plaintiff shall show cause why this action should not be dismissed for lack of prosecution and/or failure to follow this Court’s orders. Plaintiff may discharge this Order to Show Cause by either: (a) filing a First Amended Complaint that attempts to remedy the defects identified in the Court’s dismissal order; (b) explaining why he missed the most recent deadline to do so and demonstrating good cause for an extension of the deadline; or (c) filing a notice of voluntary dismissal of this action. CIVIL MINUTES – GENERAL
Case No. 2:21-cv-02593-ODW-KES Date: May 27, 2021 Page 2
The Clerk is directed to provide Plaintiff with the standard forms for filing a civil rights complaint (Form CV-66) and a notice of voluntary dismissal (Form CV-09). If Plaintiff fails to respond to this Order to Show Cause, the Court may dismiss this action for lack of prosecution and/or failure to follow the Court’s orders.
Initials of Deputy Clerk JD CIVIL MINUTES – GENERAL
Case No. 2:21-cv-02593-ODW-KES Date: May 27, 2021 Page 3
TIPS FOR WRITING BETTER COMPLAINTS 1. Plead “Facts” Rather than Just “Conclusions or Labels.” An order dismissing a complaint with leave to amend might say, “___.” Your Complaint should include a label or conclusion that identifies your legal claim and the facts supporting it. To make sure that you have both, you need to understand the difference between them. The following examples illustrate the difference: Pleading Conclusions or Labels Pleading Facts Officer Smith used excessive force. Officer Smith punched me in the face while I was handcuffed. Nurse Jones acted with deliberate I saw Nurse Jones at the clinic. I told her I indifference. was bleeding and she could see that I was bleeding, but she did nothing to help me until I passed out. The Mayor violated my First Amendment When I posted a comment criticizing the rights. Mayor’s failure to enact police reforms, the Mayor deleted my comment and blocked me from posting future comments. The officers conducted an unreasonable The officers had a warrant to search for a search. stolen car, but they searched areas of my house where they knew they would not find a stolen car. They searched all my kitchen cabinets and drawers. Defendant injured me. Defendant assaulted Defendant kicked me in the shin, causing me me. to trip and break my wrist.
Imagine that you hired a group of actors to reenact the wrongdoing that happened to you. If you only gave them the information in left-hand column, then they could not act out the scene. If you gave them the information in the right-hand column, then they would know how to act out the scene. As a general rule, you should include enough facts in your Complaint that an actor reading it could act out what happened to you. 2. Identify Who Did What. One way to identify who did what is to avoid using “passive” verbs. Consider these two CIVIL MINUTES – GENERAL
Case No. 2:21-cv-02593-ODW-KES Date: May 27, 2021 Page 4
sentences, the first of which uses a passive verb: I was hit by the ball. My brother hit me with the ball. The first sentence does not say who hit me. The second sentence, however, reveals that my brother is the person who hit me. Allegations in a complaint should be phrased like the second sentence. If you do not know the name of the person who acted wrongfully, then you can refer to them as “Doe.” For example, you might refer to two unknown correctional officers as “CO Doe 1” and “CO Doe 2.” Another way to identify who did what is to use particular a Defendant’s name rather than a group pronoun (like “they”) or lumping all the Defendants together. For example: Unclear Who Did What Clear Who Did What Defendants searched my cell and took my CO Smith and CO Jones searched my cell. property. When I came back, everything was out of place and my radio was gone. I believe one of them took it. They refused my request for Kosher meals. I submitted a request for Kosher meals and was interviewed by the chaplain. I later received a written denial of my request signed by Sgt. Smith. I was denied necessary medical equipment. I told Dr. Jones that my feet hurt and requested that she authorize orthotic inserts for my shoes, but she refused to do so. 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)