Marcus Clarke v. Brian Birkholz
Opinion
Trial Court Opinion
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:24-cv-05636-MWC-SSC Date: February 14, 2025 Title Marcus Clarke v. Warden Brian Birkholz
Present: The Honorable Stephanie S. Christensen, U.S. Magistrate Judge
Teagan Snyder n/a Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None Present
Proceedings: (IN CHAMBERS) Order to Show Cause Why Complaint Should Not Be Dismissed for Failure to Prosecute and/or Comply with Court Order
On July 1, 2024, pro se Plaintiff Marcus Clarke filed a complaint against the Warden of the Federal Correctional Institution Lompoc II. (ECF 1.) The Court screened the complaint as required by statute and, on September 3, 2024, issued an order advising Plaintiff that he had failed to state a civil rights claim under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). (ECF 5.) The Court allowed Plaintiff until October 3, 2024, to notify the Court of his intention to proceed on the complaint based on non-Bivens claims only, or to file a first amended…