(PC) Law v. Austin

Good Law
United States District Court, Eastern District of CaliforniaNovember 13, 20192:17-cv-02060California746 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS GILBERT LAW, No. 2:17-cv-2060 AC P Plaintiff, v. ORDER and LORI W. AUSTIN, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. Defendants request that a district judge rule on the dismissal of defendants Austin and Yee pursuant to Williams v. King, 875 F.3d 500 (9th Cir. 2017). See ECF No. 29. For the reasons that follow, the undersigned directs the Clerk of Court to randomly assign a district judge to this action and recommends the dismissal of defendants Austin and Yee. The gravamen of the case is plaintiff’s allegation that he was sexually assaulted by Correctional Officer Li. On initial screening pursuant to 28 U.S.C. § 1915A(a), the undersigned found that plaintiff had stated a claim against Li. ECF No. 19 at 4. The only allegation against defendant Yee was that he stood outside the…

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