John L. Miller v. Daniel Sanchez

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 JOHN L. MILLER, Case No. CV 20-06-GW (KK) Plaintiff, v. ORDER DISMISSING COMPLAINT

WITH LEAVE TO AMEND

DANIEL SANCHEZ, ET AL.,

Defendant(s).

15 16 I. INTRODUCTION Plaintiff John L. Miller (“Miller”), proceeding pro se and in forma pauperis, filed a Complaint pursuant to 42 U.S.C. § 1983 (“Section 1983”) alleging violations of his First, Eighth, and Fourteenth Amendment rights. For the reasons discussed below, the Court dismisses the Complaint with leave to amend. II. ALLEGATIONS IN THE COMPLAINT On December 20, 2019, Miller, a 78-year-old inmate at California State Prison – Los Angeles County (“CSP-LAC”), constructively filed1 the Complaint setting forth 27 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a thirteen claims against the following nine defendants in their individual capacity: Daniel Sanchez,…