Urmancheev

Urmancheev v. United States

Good Law
United States District Court, Southern District of CaliforniaMay 28, 20253:22-cv-01039California1,359 words

Opinion

Trial Court Opinion

BACKGROUND

20 On July 15, 2022, Plaintiff—who had been detained at the Otay Mesa Detention 21 Center (“Otay Mesa”) in San Diego, California1—filed a Complaint pursuant to the 22 Administrative Procedures Act (“APA”); the Federal Tort Claims Act (“FTCA”); the 23 Immigration and Naturalization Act (“INA”); the First, Fourth, and Fifth Amendments to 24 the United States Constitution; and unspecified provisions of the California Constitution 25

27 1 Though Plaintiff does not clarify his detention status in any of his pleadings, Plaintiff appears to no 28 and California Civil Code. See generally ECF No. 1 (“Compl.”). Plaintiff also filed a Motion to Proceed in Forma Pauperis (“IFP”) on the same day. See ECF No. 2. On October 5, 2022, this Court granted Plaintiff’s IFP Motion and dismissed Plaintiff’s original Complaint without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to pass muster under Federal Rule of Civil Procedure 8. See generally ECF No. 3. The Court also noted several deficiencies in each of Plaintiff’s causes of action. For example, Plaintiff had failed to state INA, APA, and FTCA claims because he had…

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