Ramirez

(PC) Chavez v. Ramirez

Good Law
United States District Court, Eastern District of CaliforniaMay 22, 20231:20-cv-01269California1,562 words

Opinion

Trial Court Opinion

BACKGROUND

23 Plaintiff’s Complaint identified ten defendants and concern events that took place while 24 Plaintiff was incarcerated in the Kings County Jail. (Doc. No. 1 at 2-4). According to the 25 Complaint, Plaintiff fell while showering in a handicap stall and injured his back. (Id. at 5). 26 Plaintiff acknowledges he received medical care but claims defendants were negligent for not 27 having anti-skid shower mats in the shower. (Id.). On April 17, 2023, the Court issued a screening order pursuant to 28 U.S.C. § 1915A finding the Complaint failed to state a cognizable claim against any of the named Defendants. (See generally Doc. 11). Plaintiff was given three options to exercise within twenty-one (21) days of the April 17, 2023 Order: (1) file a First Amended Complaint (“FAC”); (2) file a notice that he intends to stand on his initial complaint subject to the undersigned recommending the district court dismiss for reasons stated in the April 17, 2023 Screening Order; or (3) file a notice to voluntarily dismiss this action, without prejudice, under Federal Rule of Civil Procedure 41(a)(1) because no defendant had yet been served. (Id. at 6, ¶…

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