Daniel Pineda Zelaya v. Dr. Michael Mank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 DANIEL PINEDA ZELAYA, Case No. 5:22-cv-01917-MCS (AFM)
Plaintiff,
ORDER DISMISSING
13 v. COMPLAINT WITH LEAVE TO AMEND DR. MICHAEL MANK, et al., 15 Defendants. 16 17 On October 28, 2022, plaintiff, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff is a federal prisoner who is presently incarcerated at the USP in Pollock, LA. The incident giving rise to this action occurred on September 9, 2021, while plaintiff was incarcerated in California at USP Victorville. (Id. at 2-3.) Because plaintiff is a federal prisoner, any civil rights claims that he may wish to raise against a federal employee must be brought pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), and not pursuant to 42 U.S.C. § 1983. See, e.g., Ziglar v. Abbasi, 582 U.S. 120, 137 S. Ct. 1843, 1854-55 (2017) (noting that 42 U.S.C. § 1983 “entitles an injured person to money damages…