Fernandez

Fernandez v. MCC

Good Law
United States District Court, Southern District of CaliforniaNovember 17, 20213:20-cv-01265California1,200 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARCELO LARIOS FERNANDEZ Case No.: 3:20-cv-01265-GPC-AHG

BOP #87515-298,

ORDER DENYING APPLICATION

Plaintiff, FOR APPOINTMENT OF COUNSEL vs. 14 [ECF No. 28]

METROPOLITAN CORRECTIONAL

CENTER; C/O SANDOVAL,

16 Defendants. 17 18 On October 18, 2021, the Court dismissed Plaintiff Marcelo Larios Fernandez’s Second Amended Complaint (“SAC”) sua sponte pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b), but granted him 45 days leave in which to file a Third Amended Complaint against “C/O Sandoval and any [] other individual MCC or BOP officer he is able to identify as having participated in his alleged assault [at MCC] on October 14 or 15, 2019.” See ECF No. 26 at 13. Because Plaintiff is proceeding pro se, the Court’s October 18, 2021 Order thoroughly provided him with notice of his SAC’s pleading deficiencies, explained the legal standards governing his claims, and granted him time and one final opportunity to provide further factual allegations with respect…

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