Espinoza

INTRODUCTION

14 Plaintiff Larvester J. Johnson alleges in this 42 U.S.C. § 1983 action that one of his 15 jailors, defendant Ebenezer Espinoza, confiscated his legal materials and retaliated against 16 him in violation of the First Amendment. Espinoza moves to dismiss the complaint under 17 Rule 12(b)(6) on grounds that Johnson has not stated a claim for relief. 18 The motion to dismiss will be granted. Espinoza correctly points out that Johnson 19 has not alleged facts that he suffered an actual injury, and therefore has not stated a denial 20 of access to the court claim. Nor has Johnson stated a claim for retaliation because his 21 allegations do not contain supporting and specific facts. Accordingly, defendant’s motion 22 to dismiss is GRANTED and the complaint is DISMISSED with leave to file an amended 23 complaint on this Court’s form on or before May 20, 2024. Failure to file a proper 24 complaint by May 20, 2024, likely will result in the dismissal of this action under Federal 25 Rule of Civil Procedure 41(b) for failure to prosecute. 26 Johnson’s motion for leave to file an amended complaint is GRANTED. (Dkt. No. 27 19.) His motion for an order directing defense…