(PC) Kyle v. California Victim Compensation Board

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA | Donta Ladeal Kyle, No. 2:21-cv-00479-KJM-KJIN 12 Plaintiffs, ORDER 13 v. 14 California Victim Compensation Board, et al., 1S Defendants.

17 Donta Ladeal a Kyle, a state prisoner proceeding pro se, has filed this civil rights action | seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate | Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20 On April 9, 2021, the magistrate judge filed findings and recommendations, which were | served on plaintiff and which contained notice to plaintiff that any objections to the findings and | recommendations were to be filed within twenty-one days. F&Rs, ECF No. 5. The magistrate | judge recommends dismissing the complaint without leave to amend because the defendant, the | California Victim Compensation Board, is not a “person” under 42 U.S.C. § 1983. See generally | id. Kyle objects to the findings and recommendations, arguing he should be permitted to amend | his complaint to assert a claim against individual officers. See Objections, ECF No. 8.

27 State officials sued in their official capacity for injunctive relief are “persons” under | § 1983. Will v. Michigan Dep't of State Police, 491 U.S. 58, 71 (1989). State officials may also | be sued in their personal capacity under § 1983. Hafer v. Melo, 502 U.S. 21, 31 (1991). The | court cannot conclude on this record that Kyle’s proposed amendment would be futile, and Rule | 15(a) imposes a “very liberal” policy in favor of amendment. AmerisourceBergen Corp. v. | Dialysist W., Inc., 465 F.3d 946, 951 (9th Cir. 2006). The complaint is thus dismissed with | leave to amend, and the findings and recommendations are adopted in part to that extent. Any | amended complaint must be filed within 60 days. This matter is referred again to the assigned | magistrate judge for all pretrial purposes.

8 IT IS SO ORDERED.

9 DATED: June 7, 2021.

CHIEF ED STATES DISTRICT JUDGE