Kyle Malbrue v. James Morales

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

8 9 KYLE MALBRUE, Case No. CV 20-5888-DOC (AS)

Plaintiff,

ORDER DISMISSING COMPLAINT

v.

WITH LEAVE TO AMEND

JAMES MORALES, et al.,

Defendants.

15 INTRODUCTION 17 On June 25, 2020, Kyle Malbrue (“Plaintiff”), a California inmate proceeding pro se, filed a Civil Rights Complaint (“Complaint”) pursuant to 42 U.S.C. § 1983. (Dkt. No. 1). The Court has screened the Complaint as prescribed by 28 U.S.C. § 1915A and 42 U.S.C. § 1997e. For the reasons discussed below, the Court 23 DISMISSES Plaintiff’s Complaint WITH LEAVE TO AMEND.1 24 25 26 Magistrate judges may dismiss a complaint with leave to amend without approval from the district judge. McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991). 28 PLAINTIFF’S COMPLAINT 2 Plaintiff claims that the following four Defendants, sued in their individual and official capacities, violated Plaintiff’s Eighth Amendment rights at California State Prison – Los Angeles County …