Ronald Gene Robinson v. Excel Sharrieff

I. INTRODUCTION & BACKGROUND

Presently before the Court is defendants’ motion to dismiss plaintiff's second amended complaint. Dkt. 50. The facts and history of this care are well known to the parties and summarized in the Court’s May 6, 2024 Order. Dkt. 47. The Court finds this motion appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. Local Rule 7-15. Accordingly, the August 19, 2024, hearing date is vacated, and the matter is hereby taken under submission. On February 4, 2022, plaintiff Ronald Gene Robinson (“Robinson”) filed a civil rights complaint against eight defendants: (1) Excel Sharrieff, Commissioner of the California Board of Parole Hearings (“BPH”); (2) John Denvir, Deputy Commissioner of the BPH; (3) S. Silva, California Department of Corrections and Rehabilitation (“CDCR”) Facility Captain at California Men’s Colony East (“CMC East” or “CMC’”): (4) M. Fernandez, CDCR Facility Lieutenant at CMC East; (5) D. Tomelloso, CDCR Facility Sergeant at CMC East: (6) D. Daniel, CDCR Facility Correctional Officer at CMC East; (7) S. Chisholm, CDCR Facility Psychologist at CMC; and (8) D. Samuel, Chief Deputy Warden within CDCR at…