Ronald Dwayne Scott v. Robert Shively

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 RONALD DWAYNE SCOTT, JR., ) Case No. EDCV 19-2090-JFW (JPR) ) 11 Plaintiff, ) ORDER DISMISSING FIRST AMENDED ) COMPLAINT WITH LEAVE TO AMEND 12 v. ) ) 13

ROBERT SHIVELY, )

Pennsylvania Department of ) 14 Transportation Director, ) ) 15 Defendant. ) ) 16 17 On October 18, 2019, Plaintiff, proceeding pro se, filed a 18 civil-rights action under 42 U.S.C. § 1983. Before the Court 19 could consider his request to proceed in forma pauperis or screen 20 the Complaint, he filed a First Amended Complaint on November 15, 21 2019. He was subsequently granted leave to proceed in forma 22 pauperis.1 23 1 Plaintiff appears to have attempted to serve the Summons and 24 Complaint on U.S. Attorney for the Western District of Pennsylvania 25 Scott W. Brady. (See Non-Service Reports, ECF Nos. 10-11.) It is not clear why Plaintiff would serve a federal official when he sues 26 a state one. Beyond that, any attempt at service by Plaintiff is improper. Under 28 U.S.C. § 1915(e)(2), the Court must, before 27 ordering service…