Rios

(PC) Martinez v. Rios

Good Law
United States District Court, Eastern District of CaliforniaMarch 12, 20212:17-cv-02445California1,176 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL MARTINEZ, No. 2:17-CV-2445-JAM-DMC-P Plaintiff, v. ORDER C. RIOS, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Before the Court is Defendants’ unopposed motion to dismiss. ECF No. 27. Defendants move to dismiss Plaintiff’s first amendment complaint. Id. The “amended complaint,” however, is insufficient as a pleading. The Court thus strikes the submission and grants Plaintiff 30 days to file an amended complaint. The Court strikes Defendants’ motion to dismiss. 22 I. PROCEDURAL HISTORY In his original complaint, Plaintiff named as Defendants (1) C. Rios; (2) R. Cisneros; and (3) Lt. Davidge. ECF No. 1. Plaintiff alleged that Defendants violated his rights under the First and Fourteenth Amendments to the United States Constitution. See id. at 3–4. He variously contends that Defendants, for retaliatory…

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