Boreago

Johnson v. Boreago

Good Law
United States District Court, Southern District of CaliforniaJanuary 10, 20253:24-cv-00494California521 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 COREY RAY JOHNSON, Case No.: 3:24-cv-00494-JES-BJC

CDCR #G-58095,

ORDER DISMISSING FOR

Plaintiff, FAILURE TO STATE A CLAIM vs. AND FAILURE TO PROSECUTE 14 BOREAGO, et al., 15 Defendants. 16 17 On March 11, 2024, Plaintiff Corey Ray Johnson, a state prisoner proceeding pro se, filed a Complaint pursuant to 42 U.S.C. § 1983. ECF No. 1. On April 4, 2024, this action was dismissed without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) & 1915A(b)(1) for failure to state a claim. ECF No. 3. Plaintiff was given notice of the deficiencies of his pleading, in particular that the Complaint “contains little more than ‘[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory allegations,’ which are insufficient to state a claim under 42 U.S.C. § 1983.” Id. at 5-6, quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Plaintiff was instructed that an amended complaint was due on or before May 19, 2024. Id. at 7.…

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