Albee

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

9 10 MICHAEL LENOIR SMITH, No. 2:15-cv-1598 JAM KJN P 11 Plaintiff, 12 v. ORDER 13 DARREN ALBEE, et al., 14 Defendants.

16 Plaintiff is a state prisoner, proceeding without counsel. Defendants’ motion for terminating and monetary sanctions is before the court. As discussed below, defendants’ motion is partially granted. I. Plaintiff’s Second Amended Complaint Plaintiff alleges that despite being acquitted by a jury of an attempted murder charge, defendants Sgt. Gregory1 and the Sacramento County Sheriff’s Department failed to correct their records. In 2015, plaintiff confirmed that the jail locator card continued to reference the attempted murder charge, despite plaintiff’s acquittal. He contends that the failure to correct these records subjects him to continual torment by jail staff, and results in further trumped-up 26 On July 9, 2019, plaintiff’s request to substitute the correct individual’s name for defendant Alexander’s name was granted, and defendant Gregory’s name was ordered interlineated…