Fitzhugh
Fitzhugh v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 JEFFERY LEE FITZHUGH, Case No.: 3:24-cv-0429-CAB-DEB
BOP #95762-298,
ORDER DISMISSING FIRST
Plaintiff, AMENDED COMPLAINT FOR vs. FAILURE TO STATE A CLAIM
PURSUANT TO 28 U.S.C. § 1915A
UNITED STATES OF AMERICA,
ECF No. 5 Defendant. 15 16 I. INTRODUCTION On March 4, 2024, Plaintiff Jeffery Lee Fitzhugh (“Fitzhugh” or “Plaintiff”), a federal prisoner proceeding pro se,1 filed a civil action pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) and the Federal Tort Claims Act (“FTCA”). ECF No. 1. On March 23, 2023, Fitzhugh filed an “Amended Complaint,” which became the operative pleading. ECF No. 3. The Court screened the complaint pursuant to 28 U.S.C. § 1915A and dismissed it on May 28, 2024 for failure to 24 25 26 1 On November 29, 2022, Fitzhugh was convicted after a jury trial of one count of importation of over 50 grams of a Schedule II…