Perez
(PC) Lema v. Perez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER ANTHONY LEMA, Case No. 2:24-cv-00269-JDP (PC) Plaintiff, ORDER 13 v. DIRECTING THE CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE
R. PEREZ, et al., TO THIS ACTION
15 Defendants. FINDINGS AND RECOMMENDATIONS
THAT DEFENDANTS’ MOTION TO
DISMISS BE GRANTED 18 ECF No. 17
OBJECTIONS DUE WITHIN FOURTEEN
DAYS 21 Plaintiff Christopher Anthony Lema alleges that defendants R. Perez and K. Wallace failed to protect him from an attack by another inmate in violation of the Eighth Amendment. Defendants move to dismiss, arguing that the complaint fails to state a claim and the claims are barred by the favorable termination rule. ECF No. 17. I recommend granting defendants’ motion. 27 28 Allegations On October 20, 2022, at Mule Creek State Prison, plaintiff was moved from Building 1 to 3…