Victor H. Fuentes v. Ralph Diaz

I. BACKGROUND AND SUMMARY

18 On February 26, 2020, plaintiff Victor H. Fuentes, who is in custody at 19 Ironwood State Prison in Blythe, California, is proceeding pro se, and has been 20 granted leave to proceed without prepayment of the filing fee (“IFP”), filed in the 21 Eastern District of California, a Civil Rights Complaint (“Complaint”) pursuant to 22 42 U.S.C. § 1983 and California state law against nine California Department of 23 Corrections and Rehabilitation officials. The case was transferred to the Central 24 District of California on March 5, 2020. 25 As plaintiff is a prisoner proceeding IFP on a civil rights complaint against 26 governmental defendants, the assigned Magistrate Judge screened the Complaint to 27 determine if the action is frivolous or malicious, fails to state a claim on which 28 relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(B), 1915A; 42 U.S.C. §1997e(c). On April 13, 2020, the Magistrate Judge issued an Order Dismissing Complaint with Leave to Amend and Directing Plaintiff to Respond to Order (“April Order”). The April Order advised…