Ricky Jay McCloud v. Castillo

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICKY JAY McCLOUD, Case No. 2:24-cv-0687-DAD-JDP (P) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CASTILLO, 15 Defendant. 16 17 18 Plaintiff, a state prisoner,1 brought this case alleging that defendant Castillo violated his 19 due process rights by placing him in disciplinary segregation without a procedurally adequate 20 disciplinary hearing. ECF No. 7 at 4-6. Defendant Castillo has moved to dismiss the complaint, 21 ECF No. 18, and plaintiff has filed an opposition, ECF No. 28. Defendant has declined to file a 22 reply. After review of the pleadings, I find that defendant’s motion should be granted. 23 24 25

1 It was unclear from the complaint whether plaintiff was a pretrial detainee or a state 26 prisoner, since the events giving rise to this litigation occurred in the Justice Center Detention 27 Facility in Fairfield, California, rather than in any state prison. This was a factor in allowing the claims to proceed past screening. Now, there does…