Chad Richie v. Officer-Sheriff of L.A. County et al

Filing 10

MINUTES (IN CHAMBERS) ORDER by Magistrate Judge Kenly Kiya Kato, the Court is inclined to construe the Scanned Complaint as a First Amended Complaint. However, if Plaintiff would prefer to proceed on the original Complaint, he must file a statement within fourteen (14) days of this Order. (Attachments: # 1 complaint-1, # 2 1st amended complaint-9) (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

CV 17-5597-JAK (KK)

Date: August 15, 2017

Title: Chad Richie v. Officer-Sheriff of L.A. County, et al.

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers)

On July 27, 2017, Plaintiff, an inmate a California Men’s Colony (“CMC”),
constructively filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 (“Section 1983”)
against “Officer-Sheriff of L.A. County” by mailing a copy of his Complaint to the Court. ECF
Docket No. (“Dkt.”) 1, Compl. at 3. Plaintiff alleged an officer “slammed the cell on
[Plaintiff’s] back fracturing [his] back.” Id. at 5.
On July 28, 2017, Plaintiff was issued a notice of deficiency because CMC is a participant
in a pilot project that requires complaints brought pursuant to Section 1983 to be scanned and
submitted to the Court via electronic mail. Dkt. 4. Plaintiff was given two weeks to cure this
deficiency. Id.
On August 2, 2017, a complaint was scanned and e-mailed to the Court (“Scanned
Complaint”). Plaintiff attached a letter to the Scanned Complaint stating he did not have a copy
of the original Complaint and therefore was providing “another copy as close to the original in
accuracy as possible.” Dkt. 9 at 8. The Scanned Complaint names two “John Doe” defendants
in their individual capacity for violation of the Eighth Amendment and alleges John Doe #1
“quickly cranked the [cell] door closed on plaintiff’s back, causing him to scream out in pain”
and “John Doe #2 calmly watched the incident.” Id. at 5.

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CIVIL MINUTES—GENERAL

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The Court is inclined to construe the Scanned Complaint as a First Amended Complaint.
However, if Plaintiff would prefer to proceed on the original Complaint, he must file a statement
within fourteen (14) days of this Order. Because Plaintiff does not have a copy of the original
Complaint, the Clerk of Court is directed to mail Plaintiff a copy of the original Complaint,
Dkt. 1, and the Scanned Complaint, Dkt. 9.
IT IS SO ORDERED.

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