Pacheco

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOANN PRICE, et al., No. 2:22-cv-01610-DAD-DMC (PC) Plaintiffs, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

ARTURO PACHECO, et al., DEFENDANTS’ MOTION TO DISMISS Defendants. (Doc. Nos. 130, 159) 16 17 Plaintiffs, who are proceeding with retained counsel, bring this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiffs are the estate and successor-in-interest of Ronnie Price, who is deceased. Plaintiffs’ claims are based on the death of Mr. Price, which occurred while he was an inmate at California State Prison–Sacramento (“CSP–Sac”). (Doc. No. 128 at 2.) In their third amended complaint (“TAC”), plaintiffs allege the following. On September 15, 2016, Mr. Price was assaulted by defendant Arturo Pacheco, a California Department of Corrections and Rehabilitation (“CDCR”) guard and employee, as defendant Pacheco and dismissed defendant Aurich escorted Mr. Price between buildings. (Doc.…