Gary Crain v. State of California, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GARY CRAIN, Case No. 1:24-cv-00468-JLT-CDB
Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING IN
v. PART DEFENDANTS’ MOTION TO
DISMISS
STATE OF CALIFORNIA, et al., (Docs. 7, 14) Defendants. 16 On November 30, 2023, Gary Crain, a former state inmate, initiated this action in which he asserts claims against defendants State of California, California Department of Corrections and Rehabilitation, inmate Melvin Simmons, correctional officer A. Lwin, and Does 1 to 10. (Doc. 6).1 On July 22, 2024, defendants Lwin and the State of California filed a motion to dismiss and a request for judicial notice in support thereof. (Docs. 7; 7-2). On February 14, 2025, the assigned magistrate judge granted moving defendants’ requests for judicial notice and issued findings and recommendations to grant in part their motion to dismiss. (Doc. 14). The magistrate judge recommended the motion to dismiss be denied as to…