Rod Serp v. City of Los Angeles

Good Law
United States District Court, Central District of CaliforniaDecember 4, 20232:23-cv-08786California544 words

Opinion

Trial Court Opinion

CIVIL MINUTES – GENERAL

Case No. 2:23-cv-08786-DDP (SK) Date: December 4, 2023 Title Rod Serp v. City of Los Angeles

Present: The Honorable: Steve Kim, United States Magistrate Judge

Connie Chung n/a Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendant: None present None present

Proceedings: (IN CHAMBERS) SCREENING ORDER1

Plaintiff Rod Serp seeks to pursue a federal suit nominally brought under 42 U.S.C. § 1983 against the City of Los Angeles. Because he is proceeding in forma pauperis, however, the court must screen his complaint to ensure it states a claim on which relief may be granted in federal court. See 28 U.S.C. § 1915(e)(2)(B). It does not. Plaintiff alleges that on November 19, 2019, Los Angeles Fire Department paramedics failed to properly treat his chest pain and refused to transport him to a hospital. (ECF 1 at 5, 7). But that allegation, even if true, amounts to no violation of an underlying federal right as needed to state a claim under § 1983. See Graham v. Connor, 490 U.S. 386, 393–94…

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