Victor Max Landers v. R. Ortiz Jr

INTRODUCTION

20 21 In this pro se civil rights action, Plaintiff Victor Max Landers alleges that two 22 guards at Los Angeles County Men’s Central Jail (“MCJ”) violated her1 Fourth and 23 24 1 The filings in this case suggests that Plaintiff may be a transgender woman. (See Dkt. 25 No. 1, “Compl.” at 7 (alleging claims of “transphobic slurs” and “anti-transgender slurs”)). Plaintiff’s Complaint and subsequent filings use both male and female pronouns when referencing the Plaintiff. (Compare id. (alleging a strip search “used to determine 27 her gender”) with id. at 8–20 (consistently using masculine pronouns when describing Plaintiff) with Dkt. No. 4 at 2 (“Plaintiff would like the courts to enlighten her ….”). Eighth Amendment rights. Specifically, Plaintiff alleges that Defendant R. Ortiz Jr. sexually assaulted her. Defendant Miranda, Plaintiff alleges, lied about the assault during a jail investigation into the matter. Though Plaintiff states plausible claims, the Court dismisses Plaintiff’s Complaint because of several pleading errors, which are explained in greater detail below. The Court dismisses the Complaint with leave to amend, allowing 6 …