Freddy Leyva v. Mr. Soto

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FREDDY LEYVA, Case No.: 3:23-cv-0284-JES-BGS

CDCR #AW-1767,

ORDER DISMISSING CLAIMS

Plaintiff, AGAINST DEFENDANTS AND vs. DIRECTING U.S. MARSHAL TO

EFFECT SERVICE OF FIRST

AMENDED COMPLAINT UPON

SOTO; CDCR OFFICER NO. 2; REMAINING DEFENDANTS

16 DURAN; CDCR OFFICER NO. 3; PURSUANT TO 28 U.S.C. § 1915(d) SERGEANT RAMOS; OFFICER AND FED. R. CIV. P. 4(c)(3)

LOPEZ,

18 Defendants. 19 20 21 I. Procedural History On February 9, 2023, Freddy Leyva, an inmate currently incarcerated at California Mens Colony (CMC) located in San Luis Obispo, California filed a civil rights Complaint (Compl.) pursuant to 42 U.S.C. § 1983 (ECF No. 1). In addition, Plaintiff filed a Motion to Proceed In Forma Pauperis (IFP) pursuant to 28 U.S.C. § 1915(a) (ECF No. 2). The Court granted Plaintiff’s Motion to Proceed IFP but sua sponte dismissed his 28 …