Carlton Sims v. Jasmin Herrera
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CARLTON SIMS, ) No. 2:19-cv-08550-VBF-FFM ) Plaintiff, ) ORDER DISMISSING COMPLAINT ) WITH LEAVE TO AMEND v. ) ) JASMIN HERRERA, ) ) Defendant. ) )
I. PROCEEDINGS
17 Plaintiff Carlton Sims (“plaintiff”), a state prisoner proceeding pro se and in 18 forma pauperis, filed the complaint herein (the “Complaint”) on October 3, 2019. 19 (Docket No. 1.) The Court has reviewed the Complaint under 28 U.S.C. §§ 1915 20 (“Section 1915”) and 1915A(“Section 1915A”) to determine whether this action is 21 frivolous or malicious; sues an immune defendant; or fails to state a claim on which 22 relief can be granted. The Court dismisses the Complaint with leave to amend. 23
II. THE COMPLAINT
25 A. Allegations. 26 To the Court’s best understanding, plaintiff alleges the following: on an 27 unspecified date, he was wrongfully issued a “115 RVR” for “sexual disorderly 28 conduct” when his chest area was exposed. A senior hearing officer…