1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 FELIX TYRONE RANDLE, Case No. 5:19-cv-01696-JWH (SHK)

12 Plaintiff, ORDER ACCEPTING FINDINGS 13 v. AND RECOMMENDATION OF UNITED STATES MAGISTRATE 14 S.B.S.D., et al., JUDGE

15 Defendants.

16 17 18 19 20 21 22 23 24 25 26 27 1 Pursuant to

, the court has reviewed the Complaint, the 2 relevant records on file, and the “Report and Recommendation of United States 3 Magistrate Judge to Dismiss Plaintiff’s § 1983 Claims, With Prejudice in Part and 4 Without Prejudice in Part, and to Provide Plaintiff With Leave to Amend Certain 5 Claims (the “R&R”) [Dkt. No. 6]. The court has engaged in de novo review of those 6 portions of the R&R to which Plaintiff has objected. The court accepts the 7 findings and recommendation of the Magistrate Judge. 8 IT IS THEREFORE ORDERED that Plaintiff’s claims against 9 Defendants Judge Nakata and D.A. Cumino are DISMISSED WITH 10 PREJUDICE and without leave to amend, and Plaintiff’s claims against SBSD 11 and WVDC Mental Health Staff and Sheriff’s Deputies, Dillian, Lampman, 12 Thorsnby, C. Oden, A. Zavala, Paraza, Dugan, Shy, Mason, and Sheriff Deputies 13 Acosta and Esquivel are DISMISSED WITHOUT PREJUDICE and with leave 14 to amend. 15 For the claims that the court dismissed without prejudice and with leave to 16 amend, Plaintiff may file a First Amended Complaint (“FAC”) within twenty-one 17 (21) days of the service date of this Order. 18 On the first page of the FAC, Plaintiff should (1) clearly designate on the 19 face of the document that it is the “First Amended Complaint”; (2) include the 20 docket number assigned to this case; and (3) write the amended pleading on this 21 court’s CV-066 Form, which the Clerk of Court is directed to mail to Plaintiff 22 along with this Order. 23 In the body of the FAC, Plaintiff must include all claims that Plaintiff would 24 like to pursue, except the claims dismissed with prejudice, even if Plaintiff 25 previously stated them in the original Complaint. For the claims that the court 26 granted leave to amend, Plaintiff must fix the deficiencies consistent with the 27 court’s R&R if Plaintiff wishes to continue litigating those claims. Plaintiff should 7 | court may dismiss the action. Plaintiff cannot refer to the original Complaint or to 2|| any other pleading, attachment, or document to state a claim in the FAC. Plaintiff cannot include in the caption or body of the FAC any new defendants or new 4|| allegations that are not reasonably related to the claims asserted in the original 5] Complaint. 6 Plaintiff is cautioned that failure to comply with the instructions above may □□ result in the dismissal of this action for failure to state a claim, prosecute, and/or 8 || obey court orders under Rule 41(b) of the Federal Rule of Crvil Procedure. If Plaintiff requires more time to file a FAC, Plaintiff may request an extension of 10 || time before the above-mentioned deadline expires; however, extensions will be || granted only for good cause shown. 12 IT IS SO ORDERED. 13 14 || Dated: October 19, 2020 15 DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28

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. CIVIL RIGHTS COMPLAINT PURSUANT TO (Check one) G

DEFENDANT(S). G Bivens v. Six Unknown Agents

(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.) 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 (Claim I) (Claim II) (Claim III) NOTE: 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: (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: 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. I believe that I am entitled to the following specific relief:

(Date) (Signature of Plaintiff)