Lopez
Lopez v. Lee
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW LOPEZ, Case No. 23-cv-03660-HSG
Plaintiff, ORDER GRANTING DEFENDANTS’
PARTIAL MOTION TO DISMISS
v. Re: Dkt. No. 18 M. LEE, et al., Defendants.
12 Plaintiff, an inmate currently housed at San Quentin State Prison (“SQSP”), has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. This order addresses Defendants’ partial motion to dismiss. Dkt. No. 18. For the reasons set forth below, the Court GRANTS Defendants’ motion to dismiss, Dkt. No. 18, and DISMISSES Plaintiff’s Bane Act claim. BACKGROUND The complaint sues defendants Pelican Bay State Prison officers S. Cupp, Hammer, Cross, M. Lee, Brewer, and K. Davis. The complaint alleges that, between May 2020 to March 2021, in retaliation for Plaintiff’s grievance activity, Defendants threatened to deprive Plaintiff of phone calls, out-of-cell time, or showers, in violation of the First Amendment and California’s Bane Act (Cal.…