Marvin Lee James v. D. Samuel

Case 2:22-cv-05277-DSF-AFM Document Filed 11/29/ Page 1 of Page ID #:

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 MARVIN LEE JAMES, Case No. 2:22-cv-05277-DSF (AFM)

Plaintiff,

ORDER DISMISSING COMPLAINT

13 v. WITH LEAVE TO AMEND

D. SAMUEL, et al.,

15 Defendants. 16 17 On July 29, 2022, plaintiff, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff is a state prisoner who is presently incarcerated at the California Men’s Colony in San Luis Obispo, California (“CMC”). Plaintiff also filed a Request to Proceed Without Prepayment of Filing Fees, which was granted. (ECF Nos. 2, 4.) Plaintiff names as defendants CMC Warden D. Samuel, CMC Facility Captain M. Thurry, and CMC Chief Deputy Warden J. Steck. All defendants are named in their official as well as individual capacities. (Id. at 3, 8-9.) For all of his claims, plaintiff appears to allege a single incident date of November 21, 2021. On this date, plaintiff alleges…