Simmons
Simmons v. Mischel
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 JOYCE MARIE SIMMONS, Case No. 18-cv-02193-VKD
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANTS’
MOTION TO DISMISS AND FOR
T. MISCHEL, et al., SUMMARY JUDGMENT; SCREENING
AMENDED COMPLAINT
Defendants. 12 Re: Dkt. No. 50
14 In this action, pro se plaintiff Joyce Marie Simmons, a federal prisoner confined at the 15 Federal Correctional Institution in Dublin, California (“FCI-Dublin”), filed suit against several 16 prison officials for allegedly violating her constitutional rights. Dkt. No. 1. On defendants’ 17 motion for summary judgment, the Court dismissed Ms. Simmons’s constitutional claims against 18 the officials for failure to exhaust administrative remedies. Dkt. No. 47. However, the Court 19 granted Ms. Simmons leave to file an amended complaint to attempt to state a claim under the 20 Federal Torts Claim Act (“FTCA”). Id. 21 On October 28, 2019,2 Ms. Simmons filed an unverified amended complaint…