(PC)Arteaga

(PC)Arteaga v. Garcia

Good Law
United States District Court, Eastern District of CaliforniaJanuary 29, 20251:22-cv-01292California3,134 words

Opinion

trial_court Opinion

I. BACKGROUND

22 Plaintiff filed the complaint commencing this action on October 11, 2022. (ECF No. 1). 23 The Court screened Plaintiff’s complaint and issued Findings and Recommendations, 24 recommending that the case may proceed on the following cognizable claims: 1) Eighth 25 Amendment claims against defendants J. Garcia and A. Fugate for excessive force and 26 2) Eighth Amendment failure to protect claim against Defendant John Doe #1. (ECF No. 14). 27 The magistrate judge recommended all other claims and defendants be dismissed. (Id. at 22). 28 1 The Findings and Recommendations declined to analyze certain claims that are based on events 2 that occurred after plaintiff was placed in administrative segregation, because the claims are 3 unrelated and cannot be brought in the same suit. (Id. at 21). 4 After reviewing Findings and Recommendations, the district judge agreed that the case 5 should proceed on “plaintiff’s Eighth Amendment claims against defendants J. Garcia and 6 Fugate for excessive force and on plaintiff’s Eighth Amendment failure to protect claim against 7 Defendant John Doe #1.” (ECF No. 21 at 3). The district judge also agreed that several other 8…

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