Keiron M. Elias v. D. Mimaki

I. INTRODUCTION

17 On July 27, 2021, Plaintiff Keiron Elias, who is in state custody, is 18 proceeding pro se, and has been granted leave to proceed without prepayment of 19 filing fees (“IFP”), filed a Civil Rights Complaint (“Original Complaint”) based 20 on 42 U.S.C. § 1983 (“Section 1983”), among other grounds. (Docket No. 1). 21 On November 11, 2021, this Court screened and dismissed the Original Complaint 22 with leave to amend. (Docket No. 7). Plaintiff then filed a First Amended 23 Complaint on April 26, 2022 (Docket No. 15), which the Court screened and 24 dismissed with leave to amend on June 29, 2023 (Docket No. 18). 25 On September 29, 2023, the Court granted a motion to stay the case because 26 Plaintiff had been moved to the county jail in connection with a pending 27 28 resentencing proceeding and had no access to her1 case files and other materials related to this case. (See Docket Nos. 20-21). Plaintiff proceeded to file periodic status reports. (See Docket Nos. 23-25). On June 18, 2024, because Plaintiff had been returned to state custody at Richard J. Donovan Correctional Facility (RJD) and was again in possession of her files, and no…