Davis
Jose Caro v. Davis
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ) JOSE CARO, ) Case No. CV 21-0685-VBF (JEM) ) Plaintiff, ) ) MEMORANDUM AND ORDER v. ) DISMISSING FIRST AMENDED ) COMPLAINT WITH LEAVE TO AMEND MS. DAVIS, ) ) Defendant. ) ) 16 PROCEEDINGS On January 25, 2021, Jose Caro (“Plaintiff”), proceeding pro se and in forma pauperis, filed a Complaint pursuant to 42 U.S.C. § 1983. On March 26, 2021, Plaintiff filed a First Amended Complaint (“FAC”). He names Ms. Davis, a nurse at the Men’s Central Jail, as the sole defendant. For the reasons set forth below, the Court finds that the FAC should be dismissed with leave to amend. PLAINTIFF’S ALLEGATIONS Plaintiff alleges the following: “Ms. Davis offended, discriminated and disrespected [Plaintiff] for a long period of time based on not speaking [E]nglish, race and/or ethnicity.” (FAC at 3.) Ms. Davis violated 28 Plaintiff’s…