CDCR

(PC) Gallegos v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaApril 17, 20252:24-cv-01596California1,017 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN ROBERT GALLEGOS, Case No. 2:24-cv-1596-TLN-JDP (P) Plaintiff, v. ORDER CDCR, et al., Defendants.

16 Plaintiff, a state prisoner, brings this action against the California Department of Corrections and Rehabilitation (“CDCR”), “Health Care Services,” and two medical providers, listed as Jian and McCune. ECF No. 16 at 2. After review of the amended complaint, I find that, for screening purposes, plaintiff has stated cognizable Eighth Amendment failure to provide adequate medical care claims against defendants Jian and McCune. The complaint fails, however, to state a cognizable claim against either CDCR or Health Care Services. Plaintiff shall indicate whether he desires to proceed only with his claims against Jian and McCune, or whether he wishes instead to delay serving any defendant and to file another amended complaint. I. Screening Standards A federal court must screen a prisoner’s complaint that seeks relief…

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