CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALFREDO GOMEZ, No. 2:20-cv-0198 KJM AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion to dismiss plaintiff’s complaint. ECF No. 25. I. Background A. Procedural History Plaintiff, Alfredo Gomez, filed suit against the California Department of Corrections and Rehabilitation (CDCR) and Ralph Diaz, the Secretary of the CDCR, alleging violations of his Eighth Amendment rights. Specifically, the complaint claims deliberate indifference to plaintiff’s safety as an inmate at risk of being placed in the Non-Designated Programming Facility (NDPF) at Chuckawalla Valley State Prison (CVSP). ECF No. 1. The undersigned recommended that the complaint be…