Fitzhugh

Fitzhugh v. United States

Good Law
United States District Court, Southern District of CaliforniaNovember 7, 20243:24-cv-00429California1,811 words

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…

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