Clinton

Clinton v. Allison

Good Law
United States District Court, Southern District of CaliforniaOctober 16, 20243:23-cv-01471California899 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 Plaintiff initiated this lawsuit by filing a Complaint pursuant to 42 U.S.C. § 1983 on 24 August 9, 2023. (ECF No. 1.) On October 12, 2023, the Court conducted a sua sponte 25 screening of Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A(b) and dismissed the 26 complaint for failing to state a claim pursuant to U.S.C. §§ 1915(e)(2)(B) and 27 1915A(b)(1). (ECF No. 6.) Plaintiff filed a First Amended Complaint on January 30, 2024. 28 (ECF No. 9.) On April 29, 2024, the Court issued a Screening Order Re First Amended Complaint and determined that “Plaintiff’s Eighth Amendment failure to protect allegations involving John Does 1 and 2, and his conspiracy allegations involving Sgt. Allen, Officer Colon, John Does 1-3, and Jane Doe 4 [were] ‘sufficient to warrant . . . an answer.’” (ECF No. 10 at 19 (quoting Wilhelm v. Rotman, 680 F.3d 1113, 1123 (9th Cir. 2012)).) The Court dismissed all other claims alleged in the First Amended Complaint. See ECF No. 10. On September 26, 2024, Plaintiff filed a Motion to Request Protective Order, Preliminary Injunction, and Temporary Restraining Order. (ECF No.…

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