Barela
Barela v. Variz
Opinion
Opinion
Stiven, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITHOUT PREJUDICE [8-1]
A hearing on Defendants’ Motion to Dismiss was held in Courtroom E, on January 19, 1999, before the Honorable James F. Stiven, United States Magistrate Judge, pursuant to Local Rule 72.3. and 28 U.S.C. § 636 (c). Plaintiff Carlos Barela (Chavaris), pro se and in forma pauperis, appeared tele-phonically, and Michelle A. Des Jardins, Deputy Attorney General for the State of California, appeared in court on behalf of Defendants.
I. PROCEDURAL HISTORY
On June 29, 1998, Plaintiff filed a federal civil rights complaint, pursuant to 42 U.S.C. § 1983 , against correctional employees D. Variz and M. Conrad. Plaintiff is presently incarcerated in California State Prison for Los Angeles County at Lancaster, California. The incidents underlying Plaintiffs claims occurred while Plaintiff was incarcerated in Calipatria State Prison. D. Variz is a sewing instructor employed at Calipatria State Prison and M. Conrad was Variz’s supervisor also employed at the prison.
Plaintiffs complaint alleges that he learned in July 1997 that fifty-nine (59) days work-time, earned from March through July 1997, had been deducted from his…