Cates

(PC) Simmons v. Cates

Good Law
United States District Court, Eastern District of CaliforniaSeptember 25, 20231:23-cv-00856California724 words

Opinion

Trial Court Opinion

I. BACKGROUND

19 Melvin Joseph Simmons (“Plaintiff”) is a state prisoner proceeding pro se with this civil 20 rights action pursuant to 42 U.S.C. § 1983. On June 5, 2023, Plaintiff filed the Complaint 21 commencing this action. (ECF No. 1.) The Complaint awaits the Court’s requisite screening 22 pursuant to 28 U.S.C. § 1915. 23 On August 14, 2023, Plaintiff filed a document titled “Notice and Civil Rights Action for 24 Statutory Damages . . .” (ECF No. 15.) On August 17, 2023, the Court issued an order requiring

26 1 The entire title of Plaintiff’s August 14, 2023 filing is “Notice and Civil Rights Action for Statutory Damages Against Employees of the United States Commissioner’s United States Magistrate 27 Judge Gary S. Austin and United States District Judge Jennifer L. Thurston for Failure to Perform Their Legal Obligations and Implied Fiduciary Duty in Due Diligence Salvor Established to Combat Human Trafficking in Accordance to Operation of Law 18 USCS § 1595A.(b)(c).” (ECF No. 15.) Plaintiff to respond to the Court and clarify the legal nature of his August 14, 2023 filing. (ECF No. 16.) On September 5, 2023 and September 14, 2023, Plaintiff filed…

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