Smith v. Contra Costa County Sheriff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CLARENCE EDWARD SMITH,

Case No. 21-cv-03807-YGR (PR) Plaintiff, ORDER OF DISMISSAL WITH LEAVE v. TO AMEND 6 LT. HOCKWATER, et al., 7 Defendants.

This suit was reassigned from a magistrate judge to the undersigned in light of a recent Ninth Circuit decision. Plaintiff, who is currently incarcerated at the West County Detention Facility (“WCDF”), filed a pro se prisoner complaint form under 42 U.S.C. § 1983. See Dkt. 1. Plaintiff’s motion for leave to proceed in forma pauperis will be granted in a separate Order. Plaintiff alleged constitutional violations that took place at WCDF against the following officials from the Contra Costa County Sheriff’s Office (“CCSO”): Lieutenant Hockwater; Sergeants Varady and Ellis; and Registered Nurse (“RN”) Rose. Id. at 1. He seeks injunctive relief and monetary damages. Id. I. DISCUSSION A. Standard of Review A federal court must conduct a preliminary…