Newsome

(PC) Torres v. Newsome

Good Law
United States District Court, Eastern District of CaliforniaApril 30, 20252:24-cv-02447California2,378 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ABRAHAM L. TORRES, Case No. 2:24-cv-2447-JDP (P) Plaintiff, v. ORDER GAVIN NEWSOME, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, brings this § 1983 action against eighteen defendants, alleging violations of the Eighth Amendment for inadequate medical care and of the First Amendment for retaliation. ECF No. 13. For the purposes of screening, plaintiff has sufficiently alleged an Eighth Amendment failure-to-protect claim against defendants Sullivan, MacNaught, Barton, Thorton, Stalter, R. Alkire, Dr. Davis, and Jane Doe #1, and a First Amendment retaliation claim against Kelly, Bell, and Gaminchi. However, the remainder of his allegations fail to state a claim against the remaining defendants. Plaintiff may, if he chooses, file an amended complaint that addresses the deficiencies noted herein, or he may proceed only on the cognizable Eighth and First Amendment claims. 27 28 …

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