Carlton M. Sims v. Correctional Officer Palacios

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CARLTON M. SIMS, Case No. 2:23-cv-01310-VBF-PD

Plaintiff, ORDER DISMISSING ACTION v. FOR FAILURE TO PROSECUTE

CORRECTIONAL OFFICER

PALACIOS,

Defendant.

I. Pertinent Procedural History and Plaintiff’s Claims

On August 7, 2023, Plaintiff Carlton M. Sims (“Plaintiff”), who is proceeding pro se, filed a First Amended Complaint under 42 U.S.C. § 1983 against Defendant Correctional Officer Palacios (“Palacios”). [Dkt. No. 11.] Plaintiff alleges that Palacios opened his legal mail in violation of his constitutional right to be present and committed “mail fraud.” [Id. at 3, 5.] He seeks $20,000 in monetary damages. [Id. at 6.] On January 9, 2024, the Court issued a screening order dismissing the First Amended Complaint for failure to state a claim under the First Amendment and directed Plaintiff to file a Second Amended Complaint curing the defects identified by the Court no later than February 6, 2024. [Dkt. No. 12.] The Court’s Order was mailed to the address listed on the First Amended 2 Complaint, which was the California State Prison – Los Angeles County,…