Clay
Clay v. San Diego Police Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 KENNETH WAYNE CLAY, Case No.: 3:23-cv-00360-JAH-MMP Inmate #1225729,
ORDER DISMISSING AMENDED
Plaintiff, COMPLAINT [ECF No. 10] vs. PURSUANT TO 28 U.S.C. 13 § 1915(e)(2)(B) AND § 1915A(b)
SAN DIEGO POLICE DEPARTMENT;
EL CAJON POLICE DEPARTMENT;
STATE OF CALIFORNIA; EDWIN C.
MILLER; PAUL J. PFINGST,
Defendants. 18 On February 22, 2023, Kenneth Wayne Clay (“Plaintiff” or “Clay”) filed a civil rights action pursuant to 42 U.S.C. § 1983, a Motion to Proceed to Proceed In Forma Pauperis (“IFP”), and a Motion to Appoint Counsel. See ECF Nos. 1–4. The Court granted Clay’s IFP Motion, denied his Motion to Appoint Counsel, and dismissed his Complaint without prejudice for failing to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b). ECF No. 6. Clay was given forty-five (45) days within which to file an Amended Complaint, and he did so on May 30, 2023. Id.; ECF No. 10. Clay then filed a 26 …