Rocha
(PC) Ramos v. Rocha
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL AJURIA RAMOS, No. 2:19-cv-0726 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS I. ROCHA, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. This action proceeds on plaintiff’s claims that defendants Rocha and Carpenter failed to protect plaintiff from an inmate attack on April 26, 2018, at High Desert State Prison (“HDSP”), in violation of the Eighth Amendment. Defendant Carpenter’s motion to dismiss is before the court. As set forth below, defendant’s motion should be granted. I. Background Following an initial settlement conference, which was not fruitful, plaintiff was granted an extension of time to oppose the motion, then this action was stayed. The stay was extended to November 2, 2020. Following the expiration of the stay, plaintiff was granted sixty days in which to file his opposition. The extension expired on February 5, but plaintiff filed no opposition or 27 …