Gamboa

(PC) Garces v. Gamboa

Good Law
United States District Court, Eastern District of CaliforniaJune 26, 20241:21-cv-00392California7,104 words

Opinion

Trial Court Opinion

I. BACKGROUND

11 A. Summary Plaintiff’s Third Amended Complaint3 In Plaintiff’s Third Amended complaint, Plaintiff alleges that, on March 8, 2019, he asked Defendant Allison, who was acting as chairperson and D.R.B. director, to protect him from inmate gang members. (ECF No. 80 at 17). Plaintiff alleges that Defendant Allison was aware of Plaintiff’s past safety concerns regarding the same gang but nevertheless denied Plaintiff’s

1 The Court granted Plaintiff’s requests for an extension of the deadline to oppose Defendants’ motion for summary judgment. (ECF Nos. 220, 224, 226). 2 On January 4, 2024, Plaintiff filed a motion to strike Defendants’ deposition of Plaintiff. (ECF No. 208). On March 14, 2024, the Court denied Plaintiff’s motion “without prejudice to Plaintiff raising objections to the admission of the deposition into evidence at trial or as evidence submitted in support of summary judgment.” (ECF No. 230 at 3). The Court subsequently requested that Defendants lodge the portions of 20 Plaintiff’s deposition transcript referenced in the instant motion for summary judgment with the Court pursuant to Local Rule 133(j). (ECF No. 231).…

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