Tucker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TRAYDEL MIGUEL TUCKER, Case No. 20-cv-01255-WHO Plaintiff,

ORDER OF DISMISSAL

v. 9 Re: Dkt. Nos. 13, 14 R. DAY, et al., Defendants. 11 12 INTRODUCTION Plaintiff Traydel Tucker brings this suit because he was injured in a prison vehicle transport accident. I previously dismissed his complaint for failure to state a claim, Dkt. No. 12 (the “Prior Order”), and now review his first amended complaint (“FAC”). As I explained in the Prior Order, claims of negligence, such as one for negligent driving, are not actionable under section 1983. I gave Tucker leave to amend and informed him that he must allege more than negligence on the part of Sergeant Day and that he must identify direct participation in the alleged wrong by every other defendant. Tucker’s FAC fails to meet these requirements. All he alleges against Sergeant R. Day and Officer D. Naravette is that they were negligent. In addition, Tucker fails to identify any wrongdoing by Warden T. Foss and…