Jones

Jones v. Marshall

Good Law
459 F. Supp. 2d 1002·2006 WL 2792877·2006 U.S. Dist. LEXIS 73842
United States District Court, Eastern District of CaliforniaSeptember 28, 2006CV F 99 5546 AWI WMW PCalifornia4,445 words

Opinion

Opinion

Ishii, J.

ORDER RE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (DOCUMENTS 84, 94)

Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 . Pending before the court is Defendants’ motion for summary judgment. Plaintiff has opposed the motion.

Background

This action proceeds on the complaint filed January 21, 1999. Plaintiff, an inmate currently in custody of the California Department of Corrections at Solano State Prison, brings this civil rights action against defendant correctional officials employed at the California State Prison at Corcoran. The alleged conduct that gave rise to this lawsuit occurred at Corcoran State Prison in January of 1997,

In the amended complaint, Plaintiff alleges the following:

That on January 26, 1997, while housed in the Security Housing Unit (SHU) at Corcoran, defendant Marshall

Plaintiff alleges that he initially requested to go on the integrated exercise yard on January 26th, but changed his mind when he was informed that his property had arrived from Deuel Vocational Institute (plaintiff was transferred to Corcoran from DVI on December 31, 1996). Plaintiff informed…

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