Awad

Awad v. Dr. Birbenk

Good Law
United States District Court, Northern District of CaliforniaJanuary 9, 20233:22-cv-00665California5,732 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABDULHADI NAIM AWAD,

Case No. 22-cv-00665-DMR (PR) Plaintiff, 8 v. SECOND ORDER OF DISMISSAL WITH LEAVE TO AMEND DR. BIRBENK, et al., 10 Defendants.

I. INTRODUCTION Plaintiff, who now seems to be out of jail custody1, filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 while he had been housed at the Sonoma County Main Adult Detention Facility (“MADF”). He has been granted leave to proceed in forma pauperis. On July 6, 2022, the court reviewed Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A and dismissed the complaint with leave to amend with various instructions to correct certain deficiencies. See Dkt. 10. Plaintiff’s initial complaint had alleged violations of his constitutional rights against an unnamed arresting officer from the California Highway Patrol (“CHP”) and against Dr. Birbenk, a surgeon from Queen of the Valley Medical Center in Napa, California, who treated Plaintiff…

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