CDCR
Benjamin Robert Gallegos v. California Department of Corrections and Rehabilitation, et al.
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN ROBERT GALLEGOS, No. 2:24-cv-1595 DJC AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff is a state inmate who filed this civil rights action pursuant to 42 U.S.C. § 1983 19 without a lawyer. Pending before the court is plaintiff’s first amended complaint (“FAC”). ECF 20 No. 12.1 For the reasons discussed below, the court will recommend that the FAC be dismissed 21 without leave to amend for failure to state a claim. 22 I. Background 23 A. Original Complaint 24 The original complaint alleged that defendants California Department of Corrections and 25 Rehabilitation (“CDCR”), Leech, Boxall and Prudhel violated plaintiff’s rights when they held an 26 1 Although the document is titled “Addendum,” it appears to be a FAC filed in response to the 27 court’s September 3, 2025, order directing plaintiff to file an amended complaint or risk…