Marquez
Marquez v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEVE MARQUEZ, Case No.: 3:18-cv-0434-CAB-NLS
Plaintiff,
ORDER GRANTING IN PART AND
vs. DENYING IN PART DEFENDANTS’
MOTION TO DISMISS PURSUANT
14 TO Fed. R. Civ. P. 12(b)(6) CORRECTIONAL OFFICERS RODRIGUEZ AND KELLY, [Doc. No. 63] 16 Defendants. 17 18 Steve Marquez (“Plaintiff”), a California prisoner currently housed at Mule Creek State Prison in Ione, California, is proceeding pro se and in forma pauperis with a First Amended Complaint (“FAC”) in this civil rights action filed pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). (ECF No. 49.) Plaintiff claims his constitutional right to be free from deliberate indifference to his health and safety was violated while housed as a federal pre-trial detainee at the Metropolitan Correctional Center (“MCC”) in San Diego, California, in 2016. (FAC ¶¶ 7, 36-39.) He alleges Defendant MCC Correctional Officer…