Unknown
Elbert E. Hidalgo v. Unknown
Opinion
Trial Court Opinion
I. Introduction
On September 9, 2020, Plaintiff Elbert E. Hidalgo (“Plaintiff”), a prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 (“Complaint”) alleging violations of unspecified constitutional rights by six unnamed sheriff’s deputies in two incidents that occurred on July 10, 2011 and August 19, 2011. [Dkt. No. 1 at 3-4.] The Court screened the complaint pursuant to 28 U.S.C. § 1915A and found that it failed to comply with Federal Rule of Civil Procedure 8 for several reasons, including that it failed to name the Defendants, to describe the alleged conduct with sufficient detail, and to specify the Constitutional right that was allegedly violated. [Dkt. No. 4 at 2.] The Court also noted that there appeared to be a statute of limitations issue on the face of the pleading, as both alleged incidents had occurred in
CIVIL MINUTES – GENERAL
Case No. CV 20-8406-RGK (PD) Date: October 27, 2020 Title Hidalgo v. Engle, et al.,
2011. The Complaint asserted that two different California state tolling law provisions could be combined so that the claim would be within the two year limitations period for what amounted to…