Montoya
(PC) Bowell v. Montoya
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAMES BOWELL, 1:17-cv-00605-NONE-GSA-PC
Plaintiff, ORDER DENYING PLAINTIFF’S
MOTION TO COMPEL, WITHOUT
vs. PREJUDICE (ECF No. 70.) F. MONTOYA, et al.,
Defendants.
19 I. BACKGROUND James Bowell (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint, filed on May 3, 2018, against defendants Montoya and Carter for violation of due process under the Fourteenth Amendment, and against defendants Killmer and Lopez for conspiracy to place Plaintiff at risk of serious harm and failure to protect Plaintiff under the Eighth Amendment. (ECF No. 16.) This case is now in the discovery phase. 27 1 On October 25, 2018, the court issued an order dismissing all other claims and defendants from this case, for Plaintiff’s failure to state a claim. (ECF No. 20.) …