Trinidad Ledesma v. Calif Rehab Center et al

Filing 10

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Fernando M. Olguin for Report and Recommendation (Issued), 9 . IT THEREFORE IS ORDERED that Plaintiff's claims against the State Compensation Insurance Fund, h is claims against the prison in both capacities, and his money-damages claims against Defendants Cynthia Y. Tampkins and V. Cranean in their official capacity are dismissed without leave to amend. IT IS FURTHER ORDERED that Plaintiff's Eighth Am endment claim against Tampkins in her individual capacity is dismissed with leave to amend. If Plaintiff desires to pursue any of his claims, he is ORDERED to file a Second Amended Complaint within 28 days of the date of this Order, remedying the deficiencies discussed in the R&R and in full compliance with this order. The Clerk is directed to provide Plaintiff with another Central District of California Civil Rights Complaint Form, CV-66, to facilitate Plaintiff's filing of a SAC if he elects to proceed with this action. (See Order for details) (Attachments: # 1 Civil Rights Complaint Form) (bem)

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
CV-66 (7/97)

Page 1 of 6

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
CV-66 (7/97)

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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
CV-66 (7/97)

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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
CV-66 (7/97)

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