Clarence McKelry v. James T. Butts

INTRODUCTION

19 On August 27, 2019, Plaintiff Clarence C. McKelry (“Plaintiff”), 20 proceeding pro se and seeking leave to proceed in forma pauperis (Dkt. 3, “IFP 21 Request”), filed a civil rights complaint under 42 U.S.C. § 1983 (“Section 22 1983” or “§ 1983”) against Inglewood Mayor James T. Butts. (“Mayor Butts”) 23 in his individual and official capacity. Dkt. 1 (“Complaint”) at 1-2. Following 24 an order identifying apparent deficiencies on the face of the Complaint (Dkt. 25 5), Plaintiff filed a First Amended Complaint against Mayor Butts, Angela 26 Garcia, Steven Jaen, Jordan Rodgers, and Neal Cochran. Dkt. 6 (“FAC”). On 27 October 18, 2019, the assigned magistrate judge, following a screening of the 28 1 FAC under 28 U.S.C. § 1915(e)(2), found that the FAC was subject to 2 dismissal for failing to state a claim upon which relief may be granted and 3 directed Plaintiff to, within 30 days: (1) file a second amended complaint; (2) 4 file a notice of election to stand on the FAC; or (3) voluntarily dismiss the 5 action. Plaintiff did not timely comply with any of the three options or seek 6 additional time in which to do so. 7 As set forth below, the Court finds…