Ronald Dwayne Scott v. Robert Shively

Good Law
United States District Court, Central District of CaliforniaJanuary 22, 20205:19-cv-02090California2,433 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT 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. ) )

ROBERT SHIVELY, )

Pennsylvania Department of ) 14 Transportation Director, ) ) 15 Defendant. ) ) 16 On October 18, 2019, Plaintiff, proceeding pro se, filed a civil-rights action under 42 U.S.C. § 1983. Before the Court could consider his request to proceed in forma pauperis or screen the Complaint, he filed a First Amended Complaint on November 15, 2019. He was subsequently granted leave to proceed in forma 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 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 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 ordering service…

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