Newsom

(PC) Fenix v. Newsom

Good Law
United States District Court, Eastern District of CaliforniaJune 5, 20241:24-cv-00202California546 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVIN FENIX, Case No. 1:24-cv-0202 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. DEFENDANTS NEWSOM AND WADDLE GAVIN NEWSOM, et al., (Doc. 19)

Defendants.

16 Davin Fenix seeks to hold the defendants liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. The magistrate judge screened Plaintiff’s amended complaint pursuant to 28 U.S.C. § 1915A(a), and found Plaintiff states a cognizable claim for failure to protect against Defendants Miller, Cassering, and Soto. (Doc. 19 at 3-4.) However, the magistrate judge found Plaintiff failed to state a claim against Governor Newsom and Associate Warden Waddle, because he sought to hold them liable based upon their supervisory roles and did not show they “were personally involved in or had specific knowledge of Plaintiff’s transfer from HDSP to NKSP or the subsequent attack on him.” (Id. at 4-5.) …

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