Martinez
Adam Martinez v. K Allison, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ADAM MARTINEZ, Case No. 23-cv-04863-PCP
Plaintiff, ORDER OF SERVICE IN PART AND
DISMISSAL IN PART
v.
K ALLISON, et al., Defendants.
12 Adam Martinez, an inmate at Pelican Bay State Prison, filed this pro se civil rights action under 42 U.S.C. § 1983. The Court dismissed Mr. Martinez’s original complaint with leave to amend. See Dkt. No. 8. Mr. Martinez thereafter filed an amended complaint, which the Court again dismissed with leave to amend. Dkt. Nos. 9, 10. Mr. Martinez now has filed a second amended complaint (“SAC”). Dkt. No. 14. Upon review of the second amended complaint under 28 U.S.C. § 1915A, the Court concludes that Mr. Martinez has stated cognizable claims for failure to protect and for the application of excessive force. The failure-to-protect claim is stated against defendants Allison, Robertson, Smith, Deters, Alderete, Balestra, Davis, Ford, Love, Medina, Ortiz, and Silva. The excessive force claim is stated against defendants…