Jessie Jeffries v. K Fields et al

Filing 57

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Manuel L. Real for Report and Recommendation (Final) 55 . IT IS HEREBY ORDERED: (1) Claim 3 is dismissed as against defendant Fields and is deemed a Federal Tort Claims Act ("FTCA") claim against the United States; (2) Defendants' Motion is granted in part and denied in part, specifically: (a) Defendants' Motion is granted to the extent it is predicated upon pla intiff's failure to exhaust his administrative remedies as to Claim 1a1 against defendant Grigg and such claim is dismissed without prejudice; (b) Defendants' Motion is denied to the extent it is predicated upon plaintiffs failure to exh aust his administrative remedies as to Claim 1d2b against defendant Smith; (c) Defendants' Motion is granted to the extent it seeks dismissal of the following claims for failure to state a claim and such claims are dismissed with leave to a mend: Claim 1a2 against defendant Grigg, Claim 1c against defendant VanSandt, and Claim 1d against defendant Smith; (d) Defendants' Motion is denied to the extent it seeks dismissal of Claim 1b against defendant Fields for failure to state a c laim; and (e) Defendants Motion is granted to the extent it seeks dismissal of Claim 3 without prejudice for lack of subject matter jurisdiction; (3) plaintiff, to the extent he has been afforded leave to amend and can cure the deficiencies identi fied herein, shall file any Second Amended Complaint within twenty (20) days;1 (4) plaintiff is advised that the failure timely to file a Second Amended Complaint will result in this action proceeding solely on the remaining claims as against the r emaining defendant (i.e., the First Amendment retaliation and the Eighth Amendment excessive force claims Claims 1b and 2 against defendant Fields) absent further order of the Court;2 and (5) the Clerk shall provide plaintiff with a Central District of California Civil Rights Complaint Form to facilitate plaintiff's filing of a Second Amended Complaint if he elects to proceed in that fashion. (Attachments: # 1 Blank Civil Rights Complaint Form) (rp)

FULL NAME
COMMITTED NAME (if different)

FULL ADDRESS INCLUDING NAME OF INSTITUTION

PRISON NUMBER (if applicable)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER
To be supplied by the Clerk

PLAINTIFF,
v.

DEFENDANT(S).

CIVIL RIGHTS COMPLAINT
PURSUANT TO (Check one)
G 42 U.S.C. § 1983
G Bivens v. Six Unknown Agents 403 U.S. 388 (1971)

A. PREVIOUS LAWSUITS
1. Have you brought any other lawsuits in a federal court while a prisoner: G Yes

G No

2. If your answer to “1.” is yes, how many?
Describe the lawsuit in the space below. (If there is more than one lawsuit, describe the additional lawsuits on an
attached piece of paper using the same outline.)

CIVIL RIGHTS COMPLAINT
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a. Parties to this previous lawsuit:
Plaintiff
Defendants
b. Court
c. Docket or case number
d. Name of judge to whom case was assigned
e. Disposition (For example: Was the case dismissed? If so, what was the basis for dismissal? Was it
appealed? Is it still pending?)
f.

Issues raised:

g. Approximate date of filing lawsuit:
h. Approximate date of disposition
B. EXHAUSTION OF ADMINISTRATIVE REMEDIES
1. Is there a grievance procedure available at the institution where the events relating to your current complaint
occurred? G Yes G No
2. Have you filed a grievance concerning the facts relating to your current complaint? G Yes

G No

If your answer is no, explain why not

3. Is the grievance procedure completed? G Yes

G No

If your answer is no, explain why not

4. Please attach copies of papers related to the grievance procedure.
C. JURISDICTION
This complaint alleges that the civil rights of plaintiff
(print plaintiff's name)

who presently resides at

(mailing address or place of confinement)

,

were violated by the actions of the defendant(s) named below, which actions were directed against plaintiff at
(institution/city where violation occurred)

CIVIL RIGHTS COMPLAINT
CV-66 (7/97)

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on (date or dates)
NOTE:

(Claim I)

,

(Claim II)

,

(Claim III)

.

You need not name more than one defendant or allege more than one claim. If you are naming more than
five (5) defendants, make a copy of this page to provide the information for additional defendants.

1. Defendant

resides or works at

(full name of first defendant)
(full address of first defendant)
(defendant's position and title, if any)

The defendant is sued in his/her (Check one or both): G individual

G official capacity.

Explain how this defendant was acting under color of law:

2. Defendant

resides or works at

(full name of first defendant)
(full address of first defendant)
(defendant's position and title, if any)

The defendant is sued in his/her (Check one or both): G individual

G official capacity.

Explain how this defendant was acting under color of law:

3. Defendant

resides or works at

(full name of first defendant)
(full address of first defendant)
(defendant's position and title, if any)

The defendant is sued in his/her (Check one or both): G individual

G official capacity.

Explain how this defendant was acting under color of law:

CIVIL RIGHTS COMPLAINT
CV-66 (7/97)

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4. Defendant

resides or works at

(full name of first defendant)
(full address of first defendant)
(defendant's position and title, if any)

The defendant is sued in his/her (Check one or both): G individual

G official capacity.

Explain how this defendant was acting under color of law:

5. Defendant

resides or works at
(full name of first defendant)
(full address of first defendant)
(defendant's position and title, if any)

The defendant is sued in his/her (Check one or both): G individual

G official capacity.

Explain how this defendant was acting under color of law:

CIVIL RIGHTS COMPLAINT
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D. CLAIMS*
CLAIM I
The following civil right has been violated:

Supporting Facts: Include all facts you consider important. State the facts clearly, in your own words, and without
citing legal authority or argument. Be certain you describe, in separately numbered paragraphs, exactly what each
DEFENDANT (by name) did to violate your right.

*If there is more than one claim, describe the additional claim(s) on another attached piece of paper using the same
outline.
CIVIL RIGHTS COMPLAINT
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E. REQUEST FOR RELIEF
I believe that I am entitled to the following specific relief:

(Date)

(Signature of Plaintiff)

CIVIL RIGHTS COMPLAINT
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