David Washington v. Lori Myers

CIVIL MINUTES – GENERAL

Case No. 5:21-cv-01356-GW-PD Date: November 22, 2021 Title David Washington v. Lori Myers

Present: The Honorable: Patricia Donahue, U.S. Magistrate Judge

Isabel Martinez N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

N/A N/A

Proceedings: (In Chambers) Order to Show Cause Re: Dismissal

On August 11, 2021, Plaintiff David Washington, a state prisoner in custody at the Larry D. Smith Correctional Facility and proceeding pro se, filed a complaint pursuant to 42 U.S.C. § 1983 (the “Complaint”) alleging that Defendants Lori Myers, the Riverside County District Attorney’s Office, and the County of Riverside (“Defendants”) colluded to hold him past his purported release date of July 8, 2021. [Dkt. No. 1 at 1.]

On September 21, 2021, Plaintiff filed a Request to Proceed Without Prepayment of Filing Fee (the “IFP Request”). [Dkt. No. 5.] The Court conducted mandatory screening of the Complaint pursuant to 28 U.S.C. § 1915 and determined that the claim was not actionable under section 1983. First,…