Arriaga

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CARLOS ALVAREZ, CASE NO. 2:20-cv-00632-PA (SK)

Plaintiff, ORDER DISMISSING

COMPLAINT WITHOUT LEAVE

v. TO AMEND

ARRIAGA,

Defendant.

In this civil rights action, Plaintiff sued Correctional Officer Arriaga, in his official capacity, for allegedly orchestrating his transfer from Mule Creek State Prison (where Defendant Arriaga worked) to the California Institute for Men (“CIM”) for invidious reasons. (ECF 1). In January 2020, the Court screened the complaint under 28 U.S.C. § 1915A, explained why it failed to state a claim on which relief may be granted, and granted leave to file an amended complaint. (ECF 4). Yet Plaintiff chose to stand on the complaint instead (ECF 5), even though he was warned that failing to cure the deficiencies outlined in the screening order could lead to dismissal of the complaint without further leave to amend. (ECF 4 at 4). Because Plaintiff did not heed that warning, the complaint must now be dismissed for failure to state a claim. See 28 U.S.C. § 1915A(b)(1). To start with, Plaintiff has sued Defendant in his official capacity only. (ECF 1…