Flourney
Flourney v. Does 1-15
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BENJAMIN FLOURNEY, Case No.: 3:21-cv-01767-RBM-BGS
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION TO FILE SECOND
AMENDED COMPLAINT1
FORMER CDCR SECRETARY DIAZ,
ET AL.,
15 Defendants. [ECF 34]
17 On September 27, 2022, after Plaintiff’s proposed FAC was screened under 28 18 U.S.C. § 1915(e)(2), Plaintiff’s Eighth Amendment claims against Defendants Diaz, 19 Miranda, Kilough, and Mosely were dismissed, and Plaintiff was ordered to serve 20 Defendants Pollard and Kies. (ECF 17 at 5.) Plaintiff has now filed a Motion for Leave 21 to File a SAC. (ECF 34.) On July 18, 2023, in accordance with the Court’s directive, 22 23 24 1 Plaintiff captions the filing as an “Amended 3rd Complaint.” (ECF 34 at 1.) The filing is actually a proposed Second Amended Complaint (SAC); Plaintiff filed a Complaint on October 13, 2021 (ECF 1), and a First Amended Complaint (FAC) on June 30, 2022 26 (ECF 15). Throughout this Order, Plaintiff’s Motion (ECF…