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