(PC) Parker v. Sgt. Garcia

Good Law
United States District Court, Eastern District of CaliforniaApril 15, 20241:23-cv-01583California1,147 words

Opinion

trial_court Opinion

I. BACKGROUND

23 Plaintiff filed the Complaint commencing this action on November 9, 2023. (ECF No. 24 1). Plaintiff alleged that investigating officers at Kern Valley State Prison failed to follow 25 procedures provided in the Prison Rape Elimination Act (“PREA”) when Plaintiff reported a 26 sexual assault. The Court has screened the complaint and on March 4, 2024, issued a screening 27 order holding that Plaintiff failed to state any cognizable claims. (ECF No. 9). The Court gave 28 1 Plaintiff 30 days to either file an amended complaint or file a statement with the Court that he 2 wants to stand on his original complaint. (Id. at 8). The Court advised Plaintiff that, if he 3 chooses to stand on the filed complaint, the Court would issue “findings and recommendations 4 to a district judge recommending dismissal of the action” consistent with the Court’s screening 5 order. (Id. at 9). Finally, the Court has warned the Plaintiff that “Failure to comply with this 6 order may result in the dismissal of this action.” (Id.; see also ECF No. 4 at 1 (warning Plaintiff 7 that failure to follow the Court’s orders and all applicable rules “will be grounds for imposition 8 of…

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