Rivera v. Garland et al

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JDDL
WO NH
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Daniela Raigoza Rivera,
Petitioner,
v.
Merrick Garland, et al.,
Respondents.
No. CV-25-03444-PHX-SHD (MTM)
ORDER
Self-represented Petitioner Daniela Raigoza Rivera, who is confined in the Eloy
Detention Center, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241
(Doc. 1). Petitioner did not pay the $5.00 filing fee or file an Application to Proceed In
Forma Pauperis, and did not use the court-approved form for filing a 28 U.S.C. § 2241
petition. In a September 29, 2025 Order, the Court dismissed the petition with leave to
amend and gave Petitioner the opportunity to either pay the filing and administrative fees
or file an Application to Proceed In Forma Pauperis.
On November 3, 2025, Petitioner filed an Amended Petition (Doc. 4) and an
Application to Proceed in Forma Pauperis (Doc. 6). The Court will deny the Application
to Proceed and order Respondents to answer the Petition.
I. Application to Proceed In Forma Pauperis
Rule 3.5(c) of the Local Rules of Civil Procedure requires that “[i]f a habeas corpus
petitioner desires to prosecute the petition in forma pauperis, the petitioner shall file an
application to proceed in forma pauperis on a form approved by the Court, accompanied
Case 2:25-cv-03444-SHD-MTM Document 7 Filed 11/20/25 Page 1 of 18

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by a certification of the warden or other appropriate officer of the institution in which the
petitioner is confined as to the amount of money or securities on deposit to the petitioner’s
credit.” Rule 3.5(c) also requires payment of the $5.00 filing fee if a petitioner has in
excess of $25.00 in her inmate account.
In her Application to Proceed, Petitioner indicates she has more than $25.00 in her
trust account. Accordingly, the Court will deny the Application to Proceed and will give
Petitioner 30 days to pay the $5.00 filing fee. If Petitioner fails to pay the $5.00 filing fee
within 30 days, the Petition for a Writ of Habeas Corpus will be dismissed.
II. Amended Petition
In her Amended Petition, Petitioner names as respondents the Warden of Eloy
Detention Center and Phoenix Field Office Director Corey A. Price of the United States
Immigration and Customs Enforcement (ICE).
Petitioner claims she has been in ICE custody since December 18, 2024. On July
3, 2025, an Immigration Judge granted her a withholding of removal, denied her asylum,
denied as moot her Convention Against Torture (CAT) protection, and entered an alternate
removal order.
Petitioner raises four grounds for relief. In Ground One, she claims that her removal
is not foreseeable under Zadvydas v. Davis, 533 U.S. 678 (2001), because ICE has
continued to hold her after she was granted a withholding of removal on July 3, 2025. She
asserts that she cannot be removed to Columbia, a third country has not been identified for
her removal, and ICE has not provided her a removal plan. In Ground Two, Petitioner
claims her lengthy detention with no foreseeable removal violates her Fifth Amendment
rights to Due Process. In Ground Three, Petitioner claims that her detention conditions are
“harming her health and ability to function” because her medical needs are not being
adequately addressed. In Ground Four, Petitioner alleges that being detained is “harming
[her] mental health and safety.” Petitioner seeks her immediate release from custody with
reasonable conditions of supervision.
. . . .
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A. Grounds Three and Four
Petitioner’s allegations in Grounds Three and Four relate to her conditions of
confinement and, therefore, her remedy arises, if at all, under civil rights law, not habeas
corpus. See Muhammad v. Close, 540 U.S. 749, 750-751 (2004). Thus, the Court will
dismiss without prejudice Grounds Three and Four.
Petitioner should note that she is not precluded from filing a civil rights action
regarding the conditions of confinement issues raised in Grounds Three and Four, but she
must file a new action, use the court-approved complaint form, and either pay the $350.00
filing fee and $55.00 administrative fee or file an application to proceed in forma pauperis.
As a courtesy, the Court will direct the Clerk of Court to send Petitioner the relevant court-
approved forms for filing a civil rights action and for seeking to proceed in forma pauperis
in a civil rights action.
B. Grounds One and Two
The Court will require Respondents to answer Grounds One and Two of the
Amended Petition.
III. Warnings
A. Address Changes
Petitioner must file and serve a notice of a change of address in accordance with
Rule 83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion
for other relief with a notice of change of address. Failure to comply may result in dismissal
of this action.
B. Possible Dismissal
If Petitioner fails to timely comply with every provision of this Order, including
these warnings, the Court may dismiss this action without further notice. See Ferdik v.
Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action
for failure to comply with any order of the Court).
. . . .
. . . .
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IT IS ORDERED:
(1) Petitioner’s Application to Proceed In Forma Pauperis (Doc. 6) is denied.
(2) Within 30 days of the date this Order is filed, Petitioner must pay the $5.00
filing fee.
(3) If Petitioner fails to pay the $5.00 filing fee, the Clerk of Court must enter a
judgment of dismissal of this action without prejudice and without further notice to
Petitioner and deny any pending unrelated motions as moot.
(4) Grounds Three and Four of the Amended Petition are dismissed.
(5) The Clerk of Court must serve a copy of the Summons, the Amended
Petition (Doc. 4) and this Order upon the United States Attorney for the District of Arizona
by certified mail addressed to the civil process clerk at the office of the United States
Attorney pursuant to Rule 4(i)(1)(A) of the Federal Rules of Civil Procedure. The Clerk
of Court must also send by certified mail a copy of the Summons, the Amended Petition,
and this Order to the United States Attorney General pursuant to Rule 4(i)(1)(B) and to
Respondent Corey A. Price pursuant to Rule 4(i)(2) of the Federal Rules of Civil
Procedure.
(6) Respondents must answer Grounds One and Two of the Amended Petition
within 20 days of the date of service. Respondents shall not file a dispositive motion in
place of an answer without first showing cause as to why an answer is inadequate.
(7) Regarding courtesy copies of documents for chambers, Respondent is
directed to review Section II(D) of the Court’s Electronic Case Filing Administrative
Policies and Procedures Manual, which requires that “a courtesy copy of the filing,
referencing the specific document number, shall be printed directly from CM/ECF.”
CM/ECF Admin. Man. § II(D)(3) (emphasis added). See http://www.azd.uscourts.gov/
sites/default/files/documents/adm%20manual.pdf.
(8) Petitioner may file a reply within 30 days from the date of service of the
answer.
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(9) This matter is referred to Magistrate Judge Michael T. Morrissey pursuant to
Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a
report and recommendation.
(10) The Clerk of Court must mail Petitioner (1) a court-approved form for filing
an Application to Proceed In Forma Pauperis (Non-Habeas) and (2) a court-approved form
for filing a civil rights complaint by a prisoner.
Dated this 19th day of November, 2025.
Case 2:25-cv-03444-SHD-MTM Document 7 Filed 11/20/25 Page 5 of 18

Revised 12/1/23
Instructions for Prisoners Applying for Leave to Proceed In Forma Pauperis
Pursuant to 28 U.S.C. § 1915 in a Civil Action (Non-habeas) in Federal Court
You must pay the $350.00 filing fee plus the $55.00 administrative fees for a civil action. 	If you
later file an appeal, you will be obligated to pay the $505.00 filing fee for the appeal.
If you have enough money to pay the full $405.00 filing and administrative fees, you should send
a cashier=s check or money order payable to the Clerk of the Court with your complaint.
If you do not have enough money to pay the full $405.00 filing and administrative fees, you can
file the action without prepaying the fees. 	However, the Court will assess an initial partial filing fee.
The initial partial filing fee will be the greater of 20% of the average monthly deposits or 20% of the
average monthly balance in your prison or jail account for the six months immediately preceding the filing
of the lawsuit. 	The Court will order the agency that has custody of you to withdraw the initial partial
filing fee from your prison or jail account as soon as funds are available and to forward the money to the
Court.
After the initial partial filing fee has been paid, you will owe the balance of the $350.00 filing fee
(you will not be required to pay the $55.00 administrative fee). 	Until the filing fee is paid in full, each
month you will owe 20% of your preceding month’s income. 	The agency that holds you in custody will
collect that money and forward it to the Court any time the amount in your account exceeds $10.00.
These installment fees are calculated on a per-case basis. 	This means that you will be required to pay
20% of your preceding month=s income for each civil non-habeas corpus case in which you have an
outstanding filing fee balance. 	For example, if you are making payments toward filing fee balances in
two civil non-habeas corpus cases, 40% of your preceding month=s income will be collected each month.
The balance of the filing fee may be collected even if the action is later dismissed, summary judgment is
granted against you, or you fail to prevail at trial.
To file an action without prepaying the filing fee, and to proceed with an action in forma pauperis,
you must complete the attached form and return it to the Court with your complaint. 	You must have a
prison or jail official complete the certificate on the bottom of the form and attach a certified copy of your
prison or jail account statement for the last six months. 	If you were incarcerated in a different institution
during any part of the past six months, you must attach a certificate and a certified copy of your account
statement from each institution at which you were confined. 	If you submit an incomplete form or do not
submit a prison or jail account statement with the form, your request to proceed in forma pauperis will be
denied.
Even if some or all of the filing fee has been paid, the Court is required to dismiss your action if:
(1) your allegation of poverty is untrue; (2) the action is frivolous or malicious; (3) your complaint does
not state a claim upon which relief can be granted; or (4) your complaint makes a claim against a defendant
for money damages and that defendant is immune from liability for money damages.
If you file more than three actions or appeals which are dismissed as frivolous or malicious or for
failure to state a claim on which relief can be granted, you will be prohibited from filing any other action
in forma pauperis unless you are in imminent danger of serious physical injury.
Case 2:25-cv-03444-SHD-MTM Document 7 Filed 11/20/25 Page 6 of 18

Revised 12/1/23
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___________________________________________
Name and Prisoner/Booking Number
___________________________________________
Place of Confinement
___________________________________________
Mailing Address
___________________________________________
City, State, Zip Code
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
_____________________________________ ,
Plaintiff,
v.
_____________________________________ ,
Defendant(s).
CASE NO. __________________________________
APPLICATION TO PROCEED
IN FORMA PAUPERIS
BY A PRISONER
CIVIL (NON-HABEAS)
I, 	, declare, in support of my request to proceed in the above
entitled case without prepayment of fees under 28 U.S.C. § 1915, that I am unable to pay the fees for these
proceedings or to give security therefor and that I believe I am entitled to relief.
In support of this application, I answer the following questions under penalty of perjury:
1. 	Have you ever before brought an action or appeal in a federal court while you were incarcerated or detained?
GYes 	GNo 	If “Yes,” how many have you filed? 	.
Were any of the actions or appeals dismissed because they were frivolous, malicious, or failed to state a
claim upon which relief may be granted? 	GYes 	GNo 	If “Yes,” how many of them? 	.
2. 	Are you currently employed at the institution where you are confined? 	GYes 	GNo
If “Yes,” state the amount of your pay and where you work.
3. 	Do you receive any other payments from the institution where you are confined? 	GYes 	GNo
If “Yes,” state the source and amount of the payments.
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Revised 12/1/23
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4. 	Do you have any other sources of income, savings, or assets either inside or outside of the institution where
you are confined? 	GYes 	GNo
If “Yes,” state the sources and amounts of the income, savings, or assets.
I declare under penalty of perjury that the above information is true and correct.
________________________________ 	____________________________________________
DATE 	SIGNATURE OF APPLICANT
ACKNOWLEDGEMENT OF COLLECTION OF FILING FEES FROM TRUST ACCOUNT
I, 	, acknowledge that upon granting this Application, the
Court will order designated correctional officials at this institution, or any other correctional institution to
which I am transferred, to withdraw money from my trust account for payment of the filing fee, as required
by 28 U.S.C. § 1915(b).
The Court will require correctional officials to withdraw an initial partial payment equal to 20% of the
greater of:
(A) 	the average monthly deposits to my account for the six-month period preceding my filing of this
action, or
(B) 	the average monthly balance in my account for the six-month period preceding my filing of this
action.
After the initial payment, if the amount in my account is at least $10.00, the Court will require
correctional officials to withdraw from my account 20% of each month’s income and forward it to the Court
until the required filing fee is paid in full. 	I understand that I am required to pay the entire fee, even if my
case is dismissed by the Court before the fee is fully paid.
I further understand that if I file more than one action, correctional officials will be ordered to
withdraw 20% of each month’s income, for each action, simultaneously. 	Accordingly, if I have filed two
actions, correctional officials will withdraw 40% of my income each month; three actions will require 60%
of my income each month, etc.
________________________________ 	____________________________________________
DATE 	SIGNATURE OF APPLICANT
CERTIFICATE OF CORRECTIONAL OFFICIAL
AS TO STATUS OF APPLICANT=S TRUST ACCOUNT
I, 	, certify that as of the date applicant signed this application:
(Printed name of official)
The applicant=s trust account balance at this institution is: 	$
The applicant=s average monthly deposits during the prior six months is: 	$
The applicant=s average monthly balance during the prior six months is: 	$
The attached certified account statement accurately reflects the status of the applicant=s account.
DATE 	AUTHORIZED SIGNATURE 	TITLE/ID NUMBER 	INSTITUTION
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Revised 11/6/24
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Instructions for a Prisoner Filing a Civil Rights Complaint
in the United States District Court for the District of Arizona
1. 	Who May Use This Form. 	The civil rights complaint form is designed to help incarcerated
persons prepare a complaint seeking relief for a violation of their federal civil rights. 	These
complaints typically concern, but are not limited to, conditions of confinement. 	This form
should not be used to challenge your conviction or sentence. 	If you want to challenge a state
conviction or sentence, you should file a petition under 28 U.S.C. ' 2254 for a writ of habeas
corpus by a person in state custody. 	If you want to challenge a federal conviction or sentence,
you should file a motion under 28 U.S.C. § 2255 to vacate sentence in the federal court that entered
the judgment.
2. 	The Form. 	Local Rule of Civil Procedure (LRCiv) 3.4 provides that complaints by
incarcerated persons must be filed on the court-approved form. 	The form must be typed or
neatly handwritten. The form must be completely filled in to the extent applicable. 	All questions
must be answered clearly and concisely in the appropriate space on the form. 	If needed, you may
attach additional pages, but no more than fifteen additional pages, of standard letter-sized paper.
You must identify which part of the complaint is being continued and number all pages. If you do
not fill out the form properly, you will be asked to submit additional or corrected information,
which may delay the processing of your action. 	You do not need to cite law.
3. 	Your Signature. 	You must tell the truth and sign the form. 	If you make a false statement of
a material fact, you may be prosecuted for perjury.
4. 	The Filing and Administrative Fees. 	The total fees for this action are $405.00 ($350.00 filing
fee plus $55.00 administrative fee). 	If you are unable to immediately pay the fees, you may
request leave to proceed in forma pauperis. 	Please review the “Information for Prisoners Seeking
Leave to Proceed with a (Non-Habeas) Civil Action in Federal Court In Forma Pauperis Pursuant
to 28 U.S.C. ' 1915” for additional instructions.
5. 	Original and Judge=s Copy. 	You must send an original plus one copy of your complaint and
of any other documents submitted to the Court. 	You must send one additional copy to the Court
if you wish to have a file-stamped copy of the document returned to you. 	All copies must be
identical to the original. 	Copies may be legibly handwritten. 	This section does not apply to
inmates housed at an Arizona Department of Corrections facility that participates in
electronic filing.
6. 	Where to File. 	You should file your complaint in the division where you were confined
when your rights were allegedly violated. 	See LRCiv 5.1(a) and 77.1(a). 	If you were confined
in Maricopa, Pinal, Yuma, La Paz, or Gila County, file in the Phoenix Division. 	If you were
confined in Apache, Navajo, Coconino, Mohave, or Yavapai County, file in the Prescott Division.
If you were confined in Pima, Cochise, Santa Cruz, Graham, or Greenlee County, file in the Tucson
Division. 	Unless you are an inmate housed at an Arizona Department of Corrections facility
that participates in electronic filing, mail the original and one copy of the complaint with the
$405 filing and administrative fees or the application to proceed in forma pauperis to:
Case 2:25-cv-03444-SHD-MTM Document 7 Filed 11/20/25 Page 9 of 18

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Phoenix & Prescott Divisions: 	OR 	Tucson Division:
U.S. District Court Clerk 	U.S. District Court Clerk
U.S. Courthouse, Suite 130 	U.S. Courthouse, Suite 1500
401 West Washington Street, SPC 10 	405 West Congress Street
Phoenix, Arizona 	85003-2119 	Tucson, Arizona 	85701-5010
7. 	Change of Address. 	You must immediately notify the Court and the defendants in writing of
any change in your mailing address. 	Failure to notify the Court of any change in your mailing
address may result in the dismissal of your case.
8. 	Certificate of Service. 	You must furnish the defendants with a copy of any document you
submit to the Court (except the initial complaint and application to proceed in forma pauperis).
Each original document (except the initial complaint and application to proceed in forma pauperis)
must include a certificate of service on the last page of the document stating the date a copy of the
document was mailed to the defendants and the address to which it was mailed. 	See Fed. R. Civ.
P. 5(a), (d). 	Any document received by the Court that does not include a certificate of service
may be stricken. 	This section does not apply to inmates housed at an Arizona Department
of Corrections facility that participates in electronic filing.
A certificate of service should be in the following form:
I hereby certify that a copy of the foregoing document was mailed
this 	(month, day, year) to:
Name:
Address:
Attorney for Defendant(s)
(Signature)
9. 	Amended Complaint. 	If you need to change any of the information in the initial complaint,
you must file an amended complaint. 	The amended complaint must be written on the court-
approved civil rights complaint form. 	You may file one amended complaint without leave
(permission) of Court within 21 days after serving it or within 21 days after any defendant has
filed an answer, whichever is earlier. 	See Fed. R. Civ. P. 15(a). 	Thereafter, you must file a
motion for leave to amend and lodge (submit) a proposed amended complaint. 	LRCiv 15.1. 	In
addition, an amended complaint may not incorporate by reference any part of your prior complaint.
LRCiv 15.1(a)(2). 	Any allegations or defendants not included in the amended complaint are
considered dismissed. 	All amended complaints are subject to screening under the Prison
Litigation Reform Act; screening your amendment will take additional processing time.
10. 	Exhibits. 	You should not submit exhibits with the complaint or amended complaint.
Instead, the relevant information should be paraphrased. 	You should keep the exhibits to use to
support or oppose a motion to dismiss, a motion for summary judgment, or at trial.
11. 	Letters and Motions. 	It is generally inappropriate to write a letter to any judge or the staff
of any judge. 	The only appropriate way to communicate with the Court is by filing a written
pleading or motion.
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12. 	Completing the Civil Rights Complaint Form.
HEADING:
1. 	Your Name. 	Print your name, prison or inmate number, and institutional mailing
address on the lines provided.
2. 	Defendants. 	If there are four or fewer defendants, print the name of each. 	If you
name more than four defendants, print the name of the first defendant on the first line,
write the words “and others” on the second line, and attach an additional page listing the
names of all of the defendants. 	Insert the additional page after page 1 and number it “1-
A” at the bottom.
3. 	Jury Demand. 	If you want a jury trial, you must write “JURY TRIAL DEMANDED”
in the space below “CIVIL RIGHTS COMPLAINT BY A PRISONER.” 	Failure to do so
may result in the loss of the right to a jury trial. 	A jury trial is not available if you are
seeking only injunctive relief.
Part A. 	JURISDICTION:
1. 	Nature of Suit. Mark whether you are filing the complaint pursuant to 42 U.S.C. ' 1983
for state, county, or city defendants; “Bivens v. Six Unknown Federal Narcotics Agents”
for federal defendants; or “other.” 	If you mark “other,” identify the source of that
authority.
2. 	Location. 	Identify the institution and city where the alleged violation of your rights
occurred.
3. 	Defendants. 	Print all of the requested information about each of the defendants in the
spaces provided. 	If you are naming more than four defendants, you must provide the
necessary information about each additional defendant on separate pages labeled “2-A,”
“2-B,” etc., at the bottom. 	Insert the additional page(s) immediately behind page 2.
Part B. 	PREVIOUS LAWSUITS:
You must identify any other lawsuit you have filed in either state or federal court while
you were a prisoner. 	Print all of the requested information about each lawsuit in the spaces
provided. 	If you have filed more than three lawsuits, you must provide the necessary information
about each additional lawsuit on a separate page. 	Label the page(s) as “2-A,” “2-B,” etc., at the
bottom of the page and insert the additional page(s) immediately behind page 2.
Part C. 	CAUSE OF ACTION:
You must identify what rights each defendant violated. 	The form provides space to allege
three separate counts (one violation per count). 	If you are alleging more than three counts, you
must provide the necessary information about each additional count on a separate page. 	Number
the additional pages “5-A,” “5-B,” etc., and insert them immediately behind page 5. 	Remember
that you are limited to a total of fifteen additional pages.
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1. 	Counts. 	You must identify which civil right was violated. 	You may allege the
violation of only one civil right per count.
2. 	Issue Involved. 	Check the box that most closely identifies the issue involved in your
claim. 	You may check only one box per count. 	If you check the box marked “Other,”
you must identify the specific issue involved.
3. 	Supporting Facts. 	After you have identified which civil right was violated, you must
state the supporting facts. 	Be as specific as possible. 	You must state what each
individual defendant did to violate your rights. 	If there is more than one defendant, you
must identify which defendant did what act. 	You also should state the date(s) on which
the act(s) occurred, if possible.
4. 	Injury. 	State precisely how you were injured by the alleged violation of your rights.
5. 	Administrative Remedies. 	You must exhaust any available administrative remedies
before you file a civil rights complaint. 	See 42 U.S.C. § 1997e. 	Consequently, you
should 	disclose 	whether 	you 	have 	exhausted 	the 	inmate 	grievance 	procedures 	or
administrative appeals for each count in your complaint. 	If the grievance procedures were
not available for any of your counts, fully explain why on the lines provided.
Part D. 	REQUEST FOR RELIEF:
Print the relief you are seeking in the space provided.
SIGNATURE:
You must sign your name and print the date you signed the complaint. 	Failure to sign the
complaint will delay the processing of your action. 	Unless you are an attorney, you may not bring
an action on behalf of anyone but yourself.
FINAL NOTE
You should follow these instructions carefully. 	Failure to do so may result in your
complaint being stricken or dismissed. 	All questions must be answered concisely in the proper
space on the form. 	If you need more space, you may attach no more than fifteen additional pages.
But the form must be completely filled in to the extent applicable. 	If you attach additional pages,
be sure to identify which section of the complaint is being continued and number the pages.
Case 2:25-cv-03444-SHD-MTM Document 7 Filed 11/20/25 Page 12 of 18

Revised 12/1/23 	1 	550/555
___________________________________________
Name and Prisoner/Booking Number
___________________________________________
Place of Confinement
___________________________________________
Mailing Address
___________________________________________
City, State, Zip Code
(Failure to notify the Court of your change of address may result in dismissal of this action.)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
_________________________________________ ,
(Full Name of Plaintiff)
)
Plaintiff,
v.
(1) _______________________________________ ,
(Full Name of Defendant)
(2) _______________________________________ ,
(3) _______________________________________ ,
(4) _______________________________________ ,
Defendant(s).
G Check if there are additional Defendants and attach page 1-A listing them.
CASE NO. __________________________________
(To be supplied by the Clerk)
CIVIL RIGHTS COMPLAINT
BY A PRISONER
G Original Complaint
G First Amended Complaint
G Second Amended Complaint
A. 	JURISDICTION
1. 	This Court has jurisdiction over this action pursuant to:
G 28 U.S.C. § 1343(a); 42 U.S.C. § 1983
G 28 U.S.C. § 1331; Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).
G Other: 	.
2. 	Institution/city where violation occurred: 	.
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B. 	DEFENDANTS
1. 	Name of first Defendant: 	. 	The first Defendant is employed
as: ______________________________________________ at_______________________________________.
(Position and Title) 	(Institution)
2. 	Name of second Defendant: 	. 	The second Defendant is employed as:
as: ______________________________________________ at_______________________________________.
(Position and Title) 	(Institution)
3. 	Name of third Defendant: 	. 	The third Defendant is employed
as: ______________________________________________ at_______________________________________.
(Position and Title) 	(Institution)
4. 	Name of fourth Defendant: 	. 	The fourth Defendant is employed
as: ______________________________________________ at_______________________________________.
(Position and Title) 	(Institution)
If you name more than four Defendants, answer the questions listed above for each additional Defendant on a separate page.
C. 	PREVIOUS LAWSUITS
1. 	Have you filed any other lawsuits while you were a prisoner? 	G Yes 	G No
2. 	If yes, how many lawsuits have you filed? 	. 	Describe the previous lawsuits:
a. 	First prior lawsuit:
1. 	Parties: 	v.
2. 	Court and case number: 	.
3. 	Result: 	(Was the case dismissed? 	Was it appealed? 	Is it still pending?)
.
b. 	Second prior lawsuit:
1. 	Parties: 	v.
2. 	Court and case number: 	.
3. 	Result: 	(Was the case dismissed? 	Was it appealed? 	Is it still pending?)
.
c. 	Third prior lawsuit:
1. 	Parties: 	v.
2. 	Court and case number: 	.
3. 	Result: 	(Was the case dismissed? 	Was it appealed? 	Is it still pending?)
.
If you filed more than three lawsuits, answer the questions listed above for each additional lawsuit on a separate page.
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D. 	CAUSE OF ACTION
COUNT I
1. 	State the constitutional or other federal civil right that was violated:
.
2. 	Count I. 	Identify the issue involved. 	Check only one. 	State additional issues in separate counts.
G Basic necessities 	G Mail 	G Access to the court 	G Medical care
G Disciplinary proceedings 	G Property 	G Exercise of religion 	G Retaliation
G Excessive force by an officer 	G Threat to safety 	G Other: 	.
3. 	Supporting Facts. 	State as briefly as possible the FACTS supporting Count I. 	Describe exactly what
each Defendant did or did not do that violated your rights. 	State the facts clearly in your own words without
citing legal authority or arguments.
.
4. 	Injury. 	State how you were injured by the actions or inactions of the Defendant(s).
.
5. 	Administrative Remedies:
a. 	Are there any administrative remedies (grievance procedures or administrative appeals) available at
your institution? 	G Yes 	G No
b. 	Did you submit a request for administrative relief on Count I? 	G Yes 	G No
c. 	Did you appeal your request for relief on Count I to the highest level? 	G Yes 	G No
d. 	If you did not submit or appeal a request for administrative relief at any level, briefly explain why you
did not.
.
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COUNT II
1. 	State the constitutional or other federal civil right that was violated:
.
2. 	Count II. 	Identify the issue involved. 	Check only one. 	State additional issues in separate counts.
G Basic necessities 	G Mail 	G Access to the court 	G Medical care
G Disciplinary proceedings 	G Property 	G Exercise of religion 	G Retaliation
G Excessive force by an officer 	G Threat to safety 	G Other: 	.
3. 	Supporting Facts. 	State as briefly as possible the FACTS supporting Count II. 	Describe exactly what
each Defendant did or did not do that violated your rights. 	State the facts clearly in your own words without
citing legal authority or arguments.
.
4. 	Injury. 	State how you were injured by the actions or inactions of the Defendant(s).
.
5. 	Administrative Remedies.
a. 	Are there any administrative remedies (grievance procedures or administrative appeals) available at
your institution? 	G Yes 	G No
b. 	Did you submit a request for administrative relief on Count II? 	G Yes 	G No
c. 	Did you appeal your request for relief on Count II to the highest level? 	G Yes 	G No
d. 	If you did not submit or appeal a request for administrative relief at any level, briefly explain why you
did not.
.
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COUNT III
1. 	State the constitutional or other federal civil right that was violated:
.
2. 	Count III. 	Identify the issue involved. 	Check only one. 	State additional issues in separate counts.
G Basic necessities 	G Mail 	G Access to the court 	G Medical care
G Disciplinary proceedings 	G Property 	G Exercise of religion 	G Retaliation
G Excessive force by an officer 	G Threat to safety 	G Other: 	.
3. 	Supporting Facts. 	State as briefly as possible the FACTS supporting Count III. 	Describe exactly what
each Defendant did or did not do that violated your rights. 	State the facts clearly in your own words without
citing legal authority or arguments.
.
4. 	Injury. 	State how you were injured by the actions or inactions of the Defendant(s).
.
5. 	Administrative Remedies.
a. 	Are there any administrative remedies (grievance procedures or administrative appeals) available at
your institution? 	G Yes 	G No
b. 	Did you submit a request for administrative relief on Count III? 	G Yes 	G No
c. 	Did you appeal your request for relief on Count III to the highest level? 	G Yes 	G No
d. 	If you did not submit or appeal a request for administrative relief at any level, briefly explain why you
did not.
.
If you assert more than three Counts, answer the questions listed above for each additional Count on a separate page.
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E. 	REQUEST FOR RELIEF
State the relief you are seeking:
.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on
DATE 	SIGNATURE OF PLAINTIFF
___________________________________________
(Name and title of paralegal, legal assistant, or
other person who helped prepare this complaint)
___________________________________________
(Signature of attorney, if any)
___________________________________________
(Attorney=s address & telephone number)
ADDITIONAL PAGES
All questions must be answered concisely in the proper space on the form. 	If you need more space, you may
attach no more than fifteen additional pages. 	But the form must be completely filled in to the extent applicable.
If you attach additional pages, be sure to identify which section of the complaint is being continued and number
all pages.
Case 2:25-cv-03444-SHD-MTM Document 7 Filed 11/20/25 Page 18 of 18