Beard

(PC) Rico v. Beard

Good Law
United States District Court, Eastern District of CaliforniaAugust 30, 20192:17-cv-01402California5,091 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JORGE ANDRADE RICO, No. 2:17-cv-1402 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFFREY BEARD, et al., Defendants. 16 Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges use of the Guard One security check system violated his Eighth Amendment rights. On June 20, 2019, defendants moved for a stay of these proceedings pending the Ninth Circuit’s resolution of defendants’ interlocutory appeal. After considering the parties’ briefs, this court finds it unnecessary to hear argument on defendants’ motion. For the reasons set forth below, this court will recommend defendants’ motion be granted. BACKGROUND This case is proceeding on plaintiff’s second amended complaint filed on May 3, 2017. (ECF No. 38.) He alleges use of the Guard One system in the Security Housing Unit at Pelican Bay State Prison caused…

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