Whitten
Jesus Gallegos v. J. Whitten, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
9 JESUS GALLEGOS, Case No. 1:25-cv-00745-EPG (PC) 10 Plaintiff, ORDER PERMITTING PLAINTIFF TO PROCEED ON FAILURE TO PROTECT v. CLAIMS AGAINST DEFENDANTS WHITTEN AND DEJESUS
J. WHITTEN, et al.,
(ECF No. 1) Defendants. 14 15 Plaintiff Jesus Gallegos is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. (ECF Nos. 1, 5). His complaint, filed on June 18, 2025, alleges that Defendants J. Whitten and R. Dejesus failed to protect him from being assaulted by a fellow inmate. (ECF No. 1). The complaint is now before the Court for screening. Upon review, the Court will permit Plaintiff to proceed on his claims that Defendants Whitten and Dejesus failed to protect him from the inmate’s assault in violation of the Eighth Amendment. I. SCREENING REQUIREMENT The Court is required to screen complaints brought by prisoners seeking relief…