Tremaine Daniels v. Federal Bureau of Prisons

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION 11 TREMAINE DANIELS, ) No. ED CV 19-719-FMO (PLA) ) Plaintiff, ) ) ORDER DISMISSING FIRST AMENDED v. ) COMPLAINT WITH LEAVE TO AMEND ) FEDERAL BUREAU OF PRISONS, et al., ) ) Defendants. ) ) 17 On April 18, 2019, Tremaine Daniels, a federal prisoner presently held at FCC Victorville, Adelanto, California, filed a pro se civil rights Complaint pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971). (ECF No. 1). He was subsequently granted leave to proceed without prepayment of the filing fee. (ECF No. 5). Plaintiff named as sole defendant the Federal Bureau of Prisons (“BOP”). (ECF No. 1 at 3). Plaintiff purported to raise one claim for “emotional distress and cruel and unusual punishment” arising out of an incident report he received for “refus[ing] general population” after his admission to protective custody. …