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Smith v. Oreol

United States District Court, C.D. California

July 27, 2017

JACK ROBERT SMITH, Plaintiff,
v.
HARRY OREOL, et al., Defendants.

          ORDER DISMISSING SECOND AMENDED COMPLAINT WITH LEAVE TO AMEND

          HON. KENLY KIYA KATO, United States Magistrate Judge

         I.

         INTRODUCTION

         Plaintiff Jack Robert Smith (“Plaintiff”), proceeding pro se, has filed a Second Amended Complaints (“SAC”) pursuant to 42 U.S.C. § 1983 (“Section 1983”) against defendants Jesse Henderson and Mercy Poulson (“Defendants”). In the SAC, Plaintiff raises claims against Defendants in their individual capacity for violations of his Fifth, Eighth[1], and Fourteenth Amendment rights. For the reasons discussed below, the Court dismisses the SAC with leave to amend.

         II.

         PROCEDURAL HISTORY

         On June 4, 2017, Plaintiff constructively filed[2] a pro se civil rights complaint alleging staff employed by Patton State Hospital violated his First, Fifth, Eighth, and Fourteenth Amendment rights and committed other state law violations. ECF Docket No. (“Dkt.”) 1 at 5. Plaintiff's claims were based on allegations of “physical abuse [and] ongoing mental abuse & is about [Plaintiff] being illegally detained [at Patton State Hospital].” Id. at 7.

         On June 20, 2017, the Court dismissed Plaintiff's Complaint with leave to amend for failure to state a claim. Dkt. 8.

         On June 24, 2017, Plaintiff filed a First Amended Complaint against defendants Harry Oreol, Jesse Henderson, Jyotila Singh, Jian Zhang, Murad Wadsworth, Gabriel Prempeh, and Chelsea Lucas for intentionally, maliciously, and recklessly violating his First, Fifth, Eighth, and Fourteenth Amendment rights. Dkt. 10, FAC at 3-5. Plaintiff's claims were based on various allegations of forced medication, deliberate indifference, false reports, and excessive force. See FAC.

         On July 10, 2017, the Court dismissed Plaintiff's FAC with leave to amend for failure to state a claim. Dkt. 11.

         On July 17, 2017, Plaintiff constructively filed the instant SAC against Defendants in their individual capacity. Dkt. 12, SAC.

         III.

         ALLEGATIONS IN THE SAC

         Plaintiff, who is in the custody of Patton State Hospital, appears to allege (1) an excessive force claim against defendant Henderson; and (2) a due ...


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