Lozano

(PC) Payne v. Lozano

Good Law
United States District Court, Eastern District of CaliforniaMarch 27, 20202:19-cv-02595California1,203 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD J. PAYNE, No. 2:19-cv-2595 KJN P Plaintiff, v. ORDER JARED D. LAZANO, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On February 20, 2020, plaintiff’s amended complaint was dismissed because plaintiff joined unrelated claims, and plaintiff was granted leave to amend. On March 23, 2020, plaintiff filed a second amended complaint in which it appears he chooses to pursue his due process claim against Dr. Tucci. However, plaintiff included the warden in the caption and defendants’ section of his amended pleading, despite the court’s prior finding that plaintiff’s claim against the warden is unrelated to his due process claim against Dr. Tucci. (ECF No. 8 at 4.) Moreover, in his second amended complaint, plaintiff includes no charging allegations as to either the warden or Dr. Tucci. Indeed, plaintiff does not…

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