Felipe Polanco Diaz v. Reaume et al, No. 2:2018cv01982 - Document 7 (C.D. Cal. 2018)

Court Description: MEMORANDUM OPINION AND ORDER by Magistrate Judge John D. Early, Dismissing 4 Complaint with Leave to Amend. Based upon the deficiencies identified above, the Complaint is subject to dismissal as to all claims against all defendants except for th e individual capacity claim alleged against Defendant CO D. Moisa. Accordingly, the Court provides Plaintiff the following options: 1. If Plaintiff desires to proceed only with his claim against CO D. Moisa in his individual capacity based on the Eighth Amendment, Plaintiff need only file an election, in writing, within 30 days of the date of this Order, which states that he elects to proceed only on his claim against CO D. Moisa in his individual capacity. OR 2. If Plaintiff wishes to asse rt claims other than those set forth inparagraph 1 immediately above, Plaintiff must, within 30 (thirty) days of the date of this Order, file a First Amended Complaint ("FAC"), remedying the deficiencies discussed above. Plaintiff is admoni shed that, if he fails to timely file either: (1) a Notice of Election consistent with paragraph 1, above, or (2) a First Amended Complaint consistent with directives in paragraph 2, above, within 30 days of the date of this Order, the Court will recommend that this action be dismissed for failure to diligently prosecute. (Attachments: # 1 blank Civil Rights Complaint) (mba)

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Felipe Polanco Diaz v. Reaume et al Doc. 7 Att. 1 FULL NAME COMMITTED NAME (if different) FULL ADDRESS INCLUDING NAME OF INSTITUTION PRISON NUMBER (if applicable) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER CV 18-01982-FMO (JDE) To be supplied by the Clerk FIRST AMENDED PLAINTIFF, FELIPE POLANCO DIAZ, v. LT. W. REAUME, et al., DEFENDANT(S). CIVIL RIGHTS COMPLAINT PURSUANT TO (Check one) G 42 U.S.C. § 1983 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.) CIVIL RIGHTS COMPLAINT CV-66 (7/97) Page 1 of 6 Dockets.Justia.com a. Parties to this previous lawsuit: Plaintiff 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 (institution/city where violation occurred) CIVIL RIGHTS COMPLAINT CV-66 (7/97) Page 2 of 6 on (date or dates) NOTE: (Claim I) , (Claim II) , (Claim III) . 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: CIVIL RIGHTS COMPLAINT CV-66 (7/97) Page 3 of 6 4. 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: 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: CIVIL RIGHTS COMPLAINT CV-66 (7/97) Page 4 of 6 D. CLAIMS* CLAIM I 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. CIVIL RIGHTS COMPLAINT CV-66 (7/97) Page 5 of 6 E. REQUEST FOR RELIEF I believe that I am entitled to the following specific relief: (Date) (Signature of Plaintiff) CIVIL RIGHTS COMPLAINT CV-66 (7/97) Page 6 of 6

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