Fernandez

Fernandez v. MCC

Good Law
United States District Court, Southern District of CaliforniaApril 13, 20213:20-cv-01265California1,701 words

Opinion

Trial Court Opinion

I. BACKGROUND

26 Plaintiff, currently detained and awaiting sentence at MCC, proceeding pro se and 27 in forma pauperis (“IFP”), filed this civil action pursuant to Bivens v. Six Unknown Named 28 Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). On September 14, 2020, the Court granted Plaintiff’s Motion to Proceed IFP, but dismissed his Amended Complaint sua sponte for failing to state a claim pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b). ECF No. 4. The Court granted Plaintiff leave to file a Second Amended Complaint that corrected his pleading deficiencies. Id. at 6‒10. On November 17, 2020, the Court granted Plaintiff’s request for more time to amend, and ordered him to file his Second Amended Complaint on or before December 18, 2020. ECF No. 7 at 3–4. On December 18, 2020, Plaintiff submitted a letter requesting an extension of time and asking for help identifying the defendants. ECF No. 9 at 1. On January 7, 2021, the Court granted Plaintiff’s second motion for an extension of time to amend, but denied his request for assistance identifying the defendants he seeks to sue. ECF No. 10 at 4. Plaintiff was ordered to file…

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