(PC) Lear v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODERICK WILLIAM LEAR, No. 2:17-cv-0326-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. AVILA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil action. On February 12, 2020, the court informed plaintiff that he could proceed with a viable Americans with Disabilities Act claim against defendant High Desert State Prison (“HDSP”). ECF No. 56. Defendant High Desert State Prison, by special appearance, objected to that order on the grounds that “HDSP is not an entity capable of being sued under Fed. R. Civ. P. 17 and is only a building.” ECF No. 57 at 1. HDSP points out that it is simply a component of the California Department of Corrections and Rehabilitation (“CDCR”), which is the public entity that operates HDSP under California Penal Code sections 5000, 5003. Thus, taking plaintiff’s allegations as true, the alleged conduct giving rise to his claims 26 …