Kendall DeJuan Simon v. State of California

INTRODUCTION

15 On August 7, 2021, Kendall Dejuan Simon (“Plaintiff”) proceeding pro se, 16 constructively filed1 a Complaint (“Complaint”). ECF Docket No. (“Dkt.”) 1. 17 Plaintiff also filed a Request to Proceed to In Forma Pauperis (“IFP”), Dkt. 2, which 18 the Court instructed Plaintiff to amend. Dkt. 6. Plaintiff submitted a new Request to 19 Proceed IFP, Dkt. 9, which appears to suffer from the same deficiencies as his first 20 IFP Request. For the reasons discussed below, the Court denies Plaintiff’s second 21 IFP Request dismisses the Complaint with leave to amend. 22 If Plaintiff desires to pursue this action, he is ORDERED to respond by 23 no later than January 10, 2022, by choosing one of the three (3) options 24 discussed in Part V, below. If Plaintiff chooses to file an amended complaint, 25 he must also file a new Request to Proceed IFP. Further, Plaintiff is admonished 26 1 Under the “mailbox rule,” when a pro se inmate gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. that, if he fails to timely respond, the Court will recommend that this action be 2 …