Landes Buckhalter v. Justin Sherfey
Opinion
Trial Court Opinion
Case 2:22-cv-08754-JVS-AFM Document Filed 03/10/ Page 1 of Page ID #:
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 LANDES BUCKHALTER, Case No. 2:22-cv-08754-JVS (AFM)
Plaintiff,
ORDER DISMISSING
13 v. COMPLAINT WITH LEAVE TO AMEND
DR. JUSTIN SHERFEY,
15 Defendant. 16 17 On November 28, 2022, plaintiff, proceeding pro se, filed this civil rights 18 action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff is a state prisoner who 19 is presently incarcerated at the California State Prison in Lancaster (“CSP-LAC”). 20 Plaintiff additionally filed a Request to Proceed Without Prepayment of Filing Fees, 21 which was granted. (ECF Nos. 2, 4-5.) Plaintiff names only one defendant in this 22 action, Dr. Sherfey, who is identified as a “doctor / surgeon.” (ECF No. 1 at 3.) 23 Plaintiff purports to raise one claim, in which he references both the Eighth 24 Amendment’s Cruel and Unusual Punishment Clause and the Fourteenth 25 Amendment’s Due Process Clause. (Id. at 5.) …