Rodriguez

(PC) Martinez v. Rodriguez

Good Law
United States District Court, Eastern District of CaliforniaJanuary 7, 20251:21-cv-01495California400 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RONALD F. MARTINEZ, Case No.: 1:21-cv-01495 JLT CDB Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS A

v. CERTAIN CLAIM

C. RODRIGUEZ, (Doc. 38)

Defendant.

16 Ronald F. Martinez seeks to hold C. Rodriguez, a correctional officer at CSP Corcoran, liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. (Doc. 34.) The magistrate judge screened Plaintiff’s amended complaint pursuant to 28 U.S.C. § 1915A(a), and found he stated a cognizable claim for retaliation in violation of the First Amendment. However, the magistrate judge found “Plaintiff fails to state a due process violation” by Defendant. (Doc. 38 at 3-11.) Therefore, the magistrate judge recommended the action proceed on Plaintiff’s retaliation claim and “[t]he remaining claim or claims be dismissed.” (Id. at 11, emphasis omitted.) The Court served the Findings and Recommendations on Plaintiff and notified him…

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