Larry Edwin Poole v. LJ Milusnic

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 LARRY EDWIN POOLE, ) Case No. EDCV 19-1872-JLS (JPR) 12 ) Plaintiff, ) 13 ) ORDER DISMISSING COMPLAINT WITH v. ) LEAVE TO AMEND 14 ) L.J. MILUSNIC et al., ) 15 ) Defendants. ) 16 ) 17 18 On September 16, 2019, Plaintiff, a federal inmate at FCI- 19 Victorville proceeding pro se, filed a civil-rights action in the 20 Southern District of California; on September 27, it was 21 transferred here. He was subsequently granted leave to proceed 22 in forma pauperis. On October 11, 2019, he stated new factual 23 allegations in a “motion for supplement complaint.” 24 Plaintiff sues four employees of FCI-Victorville — Warden 25 L.J. Milusnic, Assistant Warden C. Swain, and correctional 26 officers Johnson and Patrick — in their official and individual 27 28 1 1 capacities1 under “42 U.S.C. § 1983.”2 His claims stem from his 2 transfer from a handicap-accessible cell to a non-handicap- 3 accessible cell in violation of the medical staff’s orders and 4 from the injuries he allegedly suffered as a result. He sues…