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Title Benjamin A. Gibbs v. C. Hernandez

March 19, 2013

TITLE BENJAMIN A. GIBBS
v.
C. HERNANDEZ, ET AL.



The opinion of the court was delivered by: Honorable Oswald Parada, United States Magistrate Judge

CIVIL MINUTES - GENERAL

Present: The Honorable Oswald Parada, United States Magistrate Judge

As assigned N/A N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None None

Proceedings: IN CHAMBERS: ORDER TO SHOW CAUSE

I. Proceedings

On February 28, 2013, Benjamin A. Gibbs ("Plaintiff") lodged for filing what purports be a Civil Rights Complaint pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971) ("Complaint"), along with an in forma pauperis application in order to proceed without payment of the full filing fee. (ECF No. 1.) Because Plaintiff has requested leave to proceed in forma pauperis, the Court has screened the Complaint for the purpose of determining whether the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A.

For the reasons set forth below, Plaintiff is ordered to show cause why his in forma pauperis application should not be denied.

II.

Discussion

Summary of Plaintiff's Allegations.

Complaint names as Defendants the following employees at the United States Penitentiary ("USP") at Victorville, California: (1) Officer C. Hernandez; (2) Assistant Warden A. Matevousian; (3) Warden Francisco Quintanilla; and (4) Administrator of the Bureau of Prisons ("BOP") Harrell Watts. Plaintiff appears to allege violations of the First, Fourth, and Eighth Amendments to the United States Constitution. All Defendants are being sued inn their individual and official capacities. Plaintiff seeks damages and injunctive relief. (Compl. at 3-6, Attach. 5a-c.)

Plaintiff alleges that on or about September 11, 2011, he was walking from Unit 4B to the pill line. Defendant Hernandez allegedly asked Plaintiff for his identification. Plaintiff responded that he left his identification in his unit. Defendant Hernandez then asked Plaintiff to submit to a pat down search. Defendant Hernandez then told Plaintiff

spread his legs, grabbed Plaintiff's groin, rubbed Plaintiff's buttocks, pulled Plaintiff's pants down, pulled a knife from between Plaintiff's buttocks, and slid his finger into Plaintiff's anus. Plaintiff requested medical attention for having been sexually assaulted. Defendant Hernandez denied Plaintiff medical attention. Plaintiff alleges these acts violated his Fourth and Eighth Amendment rights. (Id. Attach. 5-5a.)

On March 4, 2012, Plaintiff was strip searched, and his property was also searched. After a verbal exchange between Plaintiff and ...


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