Martinez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PAUL MARTINEZ, Case No. 5:23-cv-05797 EJD (PR)

Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS

v.

F. DE LA TORRE, et al., (Docket No. 21) Defendants.

11 Plaintiff, a former state inmate, filed the instant pro se civil rights action pursuant to 42 U.S.C. § 1983 against prison staff at the Correctional Training Facility (“CTF”). Dkt. No. 1. This action is proceeding solely on the Eighth Amendment claim for verbal and sexual harassment and related state law claims against Defendants J. Patricio, J. Para, and M. Beirman. Dkt. No. 11.1 Defendants filed a motion to dismiss the Eighth Amendment claim against them under Federal Rule of Civil Procedure 12(b)(6) because the alleged statements do not, as a matter of law, rise to the level of an Eighth Amendment violation, and they are entitled to qualified immunity. Dkt. No. 21. Plaintiff did not file an opposition although he was given an opportunity to do so. …