Cates
(PC) Simmons v. Cates
Opinion
Trial Court Opinion
I. BACKGROUND
18 Melvin Joseph Simmons (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On June 5, 2023, Plaintiff 20 filed the Complaint commencing this action. (ECF No. 1.) 21 On August 14, 2023, Plaintiff filed a document titled “Notice and Civil Rights Action for 22 Statutory Damages . . .” (ECF No. 15.)
II. PLAINTIFF’S NOTICE
24 The entire title of Plaintiff’s Notice is “Plaintiff’s Notice: and Civil Rights Action for 25 Statutory Damages Against Employees of the United States Commissioner’s United States 26 Magistrate Judge Gary S. Austin and United States District Judge Jennifer L. Thurston for Failure 27 to Perform Their Legal Obligation and Implied Fiduciary Duty in Due Diligence Salvor: Safe 28 Conduct: National Strategy Established to Combat Human Trafficking in Accordance to Operation of Law 18 USCS § 1595a.(b) (c).” (Id.) Plaintiff’s Notice is at best confusing, rambling, and virtually unintelligible. The Court shall therefore require Plaintiff’s response to this order in an effort by the Court to determine the exact legal nature of his…