Lofthus
Lofthus v. Long Beach Veterans Hospital
Opinion
Lead Opinion
Fairbank, J.
ORDER Dismissing Complaint Without Prejudice;
Granting Plaintiff Leave to File A First Amended Complaint (“FAC”) No Later Than Monday, November 28, 2016 and Warning that Action Will Be Dismissed With Prejudice if He Fails to File Timely Suitable FAC;
Directing Plaintiff Not to Assert Claims on Behalf of Other Persons
I. BACKGROUND
Plaintiff, proceeding pro se and informa pauperis, Peter Kent Lloyd Lofthus (“plaintiff’) filed a civil-rights complaint on August 10, 2016. As required by the Prison Litigation Reform Act of 1995, 110 Stat. 1321 -71 as amended, 42 U.S.C. section 1997e et seq. (“PLRA”), the Court has screened the complaint to determine whether it fails to state a claim on which relief may be granted or seeks monetary relief against a defendant who is immune from such relief. See Jones v. Bock, 549 U.S. 199, 202 , 127 S.Ct. 910, 914 , 166 L.Ed.2d 798 (2007) (“Among other reforms, the PLRA mandates early judicial screening of prisoner complaints ....”) (citing 28 U.S.C. section 1915A and 42 U.S.C. section 1997e(a)); see also 28 U.S.C. § 1915 (e)(2)(B)(ii)-(iii) and Olausen v. Murguia, 2014 WL 6065622 , *1 (D. Nev. Nov. 12, 2014) (Miranda Du, J.) (“There is no question…