Fernandez
Fernandez v. MCC
United States District Court, Southern District of CaliforniaOctober 18, 20213:20-cv-01265California5,133 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 MARCELO LARIOS FERNANDEZ Case No.: 3:20-cv-01265-GPC-AHG
BOP #87515-298,
ORDER:
Plaintiff, 11 vs. 1) DISMISSING SECOND
AMENDED AND SUPPLEMENTAL
METROPOLITAN CORRECTIONAL
SECOND AMENDED COMPLAINTS
CENTER; C/O SANDOVAL,
FOR FAILING TO STATE A CLAIM
14 Defendants. PURSUANT TO 28 U.S.C. § 1915(e)(2) AND 28 U.S.C. § 1915A(b) [ECF Nos. 20, 22]
2) DENYING REQUEST FOR U.S.
MARSHAL SERVICE AS
18 PREMATURE [ECF No. 25]
AND
3) GRANTING LEAVE TO FILE
THIRD AMENDED COMPLAINT
22 23 Plaintiff Marcelo Larios Fernandez (“Plaintiff”), currently convicted, but awaiting sentence at the Otay Mesa Detention Center in San Diego, California,1 is proceeding pro
27 Plaintiff was arrested on September 16, 2019, at the San Ysidro Port of Entry by a Customs and Border 28 se and in forma pauperis (“IFP”) in this civil action…