McCourt
Smith Arizmendez v. McCourt
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ISSAC L. SMITH ARIZMENDEZ, Case No.: 23cv1625-CAB (DDL)
CDCR #J-03517,
ORDER DISMISSING ACTION
Plaintiff, WITHOUT FURTHER LEAVE TO vs. AMEND PURSUANT TO 28 U.S.C. 14 §§ 1915(e)(2) & 1915A(b) DANIEL McCOURT, Plumbing 15 Supervisor, Defendant. 17 18 On August 31, 2023, Plaintiff Issac L. Smith Arizmendez, a state inmate proceeding pro se, filed a Complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) He alleged that on May 31, 2023, he was transferred to the Richard J. Donovan Detention Facility (“RJD”) in San Diego, California, where he stayed in a cell without operating plumbing for “a few weeks or so,” named as the sole Defendant the RJD plumbing supervisor, and, along with money damages, sought an injunction preventing RJD from operating an unmanageable and inoperable plumbing system. (Id. at 2-7.) On November 6, 2023, the Court dismissed this action without prejudice for failure to pay the filing fee or submit a…