Lozano

(PC) Rials v. Lozano

Good Law
United States District Court, Eastern District of CaliforniaNovember 20, 20202:19-cv-02152California548 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES ALEXANDER RIALS, No. 2:19-cv-2152 TLN CKD P Plaintiff, v. ORDER J. LOZANO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. Plaintiff’s amended complaint is before the court for screening under 28 U.S.C. § 1915A(a). The court has conducted the required screening and finds that plaintiff may proceed on a claim under the Eighth Amendment for sexual abuse against defendant Bowen and a claim under the Eighth Amendment for failure to protect against defendants Lozano and Footman. The amended complaint fails to state claims upon which relief can be granted against any other defendant. At this point, plaintiff has two options: 1) he may proceed on claims described above; or 2) make an attempt to cure the deficiencies in his amended complaint with respect to the other defendants and claims in a second amended complaint. If…

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