CDCR

(PC) Samaniego v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaJanuary 16, 20202:19-cv-02606California2,779 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO SAMANIEGO, No. 2:19-cv-2606 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION (“CDCR”), et al., Defendants. 17 Plaintiff is a state prisoner, proceeding through counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and paid the court’s filing fee. This proceeding was referred to this court pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. As set forth below, the undersigned finds that defendants CDCR and California State Prison, Sacramento (“CSP-SAC”) must be dismissed. Plaintiff states potentially cognizable Eighth Amendment claims against the remaining defendants; thus, the Clerk of the Court is directed to issue summons. I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. §…

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