Tucker
Tucker v. Day
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TRAYDEL MIGUEL TUCKER, Case No. 20-cv-01255-WHO (PR)
Plaintiff,
ORDER DISMISSING COMPLAINT
v. WITH LEAVE TO AMEND
R. DAY, et al., Defendants.
12 INTRODUCTION Plaintiff Traydel Tucker alleges that two prison guards are responsible for a prison vehicle transport accident and Tucker’s resulting injuries. His 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). Tucker has not stated a claim for relief. Claims of negligence, such as a claim of negligent driving, are not actionable under section 1983. His allegation that Sergeant R. Day failed to put him in a seatbelt might be actionable, but Tucker will have to provide more information. His claims against the second guard, D. Navarrete, are insufficient because although Tucker names him as a defendant, he provides no description of Navarette’s actions. The complaint is DISMISSED with…