Opinion
3:24-cv-05455-LK-BAT
10-07-2024
JUNAID RAMSEY HALL, Plaintiff, v. ILENE ANDERSON, et al., Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
LAUREN J. KING UNITED STATES DISTRICT JUDGE
Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation.
(2) Plaintiff's Motion for Default Judgment (Dkt. 40) is DENIED.
(3) The claims against Defendant A. Pecheos are dismissed without prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915A.
(4) Plaintiff is granted leave to file an amended complaint to cure the deficiencies in his claims against A. Pecheos within fourteen (14) days of the date of this Order.
a. If Plaintiff files a further amended complaint, within that amended complaint, plaintiff must write a short, plain statement telling the Court: (1) the constitutional or statutory right plaintiff believes was violated; (2) the name of the person who violated the right; (3) the individual's acts -what they did or failed to do; (4) how the action or inaction of the individual is connected to the violation of plaintiff's constitutional rights; and (5) what specific injury plaintiff suffered because of the individual's conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). Each claim for relief must be simple, concise, and direct.
b. Plaintiff shall present the amended complaint on the form provided by the Court. The amended complaint must be legibly rewritten or retyped in its entirety and contain the same case number. It may not incorporate any part of the previously filed complaints by reference.
c. The amended complaint will act as a complete substitute for the prior complaints, and not as a supplement. Any fact or cause of action alleged in the prior complaints that is not alleged in the amended complaint is waived. Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997), overruled in part on other grounds, Lacey v. Maricopa Cnty., 693 F.3d 896 (9th Cir. 2012).
d. The Court will screen the amended complaint to determine whether it states a claim for relief cognizable under 42 U.S.C. § 1983.
e. The Clerk is directed to send plaintiff the appropriate forms for filing a 42 U.S.C. § 1983 civil rights complaint and for service, a copy of this Order and the Pro Se Information Sheet.
(5) The Clerk is directed to send copies of this Order to the parties and to Judge Tsuchida.