Moffett

(PC) Bland v. Moffett

Good Law
United States District Court, Eastern District of CaliforniaApril 7, 20201:19-cv-01750California2,804 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSH D. BLAND, Case No. 1:19-cv-01750-SKO (PC)

Plaintiff, ORDER DIRECTING PLAINTIFF TO

FILE A FIRST AMENDED COMPLAINT

v. OR NOTIFY THE COURT OF HIS

DESIRE TO PROCEED ONLY ON

D. MOFFETT, et al., CLAIMS FOUND COGNIZABLE

Defendants. (Doc. 1)

21-DAY DEADLINE

17 Plaintiff alleges the defendants failed to protect him from attacks by other inmates. (Doc. 1.) The Court finds that Plaintiff states cognizable failure to protect claims against G. Jaime and E. Stark and a cognizable retaliation claim against D. Moffett. However, Plaintiff’s claims against J. Bryan, T. Castellanos, Luna, M. Stane, and the California Department of Corrections and Rehabilitation (CDCR) are not cognizable. Therefore, the Court directs Plaintiff to file a first amended complaint curing the deficiencies identified herein or, alternatively, a notice that he wishes to proceed only on the…

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