Anderson

I. BACKGROUND AND SUMMARY

18 On June 21, 2021, plaintiff Xavier Nailing, who is at liberty, is proceeding 19 pro se, and has been granted leave to proceed without prepayment of the filing fee 20 (“IFP”), filed a Civil Rights Complaint (“Complaint” or “Comp.”) pursuant to 21 42 U.S.C. § 1983 (“Section 1983”). (Docket Nos. 1, 5). Plaintiff claims that the 22 defendants – Los Angeles Police Officers Anderson and Hopewood – violated 23 plaintiff’s constitutional rights by illegally arresting him and being deliberately 24 indifferent to his medical needs. (Comp. at 2-7). Plaintiff sues both defendants in 25 their individual and official capacities and seeks monetary relief. (Comp. at 8). 26 As plaintiff is proceeding IFP, the assigned Magistrate Judge screened the 27 Complaint to determine if the action is frivolous or malicious, fails to state a claim 28 Case 2:21-cv-05039-AB-JC Document Filed 01/10/ Page 2 of Page ID #:

on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B). On November 19, 2021, the Magistrate Judge issued an Order Dismissing Complaint with…