Bassett

Bassett v. Malveda

Good Law
United States District Court, Southern District of CaliforniaApril 29, 20203:20-cv-00160California1,718 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

9 RICHARD D. BASSETT, Case No.: 20-cv-00160-BAS-AGS CDCR #F-06286,

ORDER SUA SPONTE DISMISSING

Plaintiff, FIRST AMENDED COMPLAINT v. PURSUANT TO 28 U.S.C. § 1915(e)(2)(B)(ii) AND § 1915A(b)(1)

I. MALVEDA,

13 Defendant. 14 Before the Court is Plaintiff Richard D. Bassett’s (“Plaintiff”) First Amended Complaint (“FAC”). (ECF No. 6.) For the reasons explained below, the Court DISMISSES the FAC without leave to amend. I. PROCEDURAL HISTORY Plaintiff is incarcerated at the Richard J. Donovan Correctional Facility (“RJD”) located in San Diego, California. On January 23, 2020, Plaintiff filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff alleged Defendant Malveda used excessive force against him in violation of his Eighth Amendment rights. (Id. at 3–5.) Plaintiff also filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C.…

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