Montejo

(PC) Barth v. Montejo

Good Law
United States District Court, Eastern District of CaliforniaMarch 17, 20212:19-cv-01874California820 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 SHAWN DAMON BARTH, No. 2:19-cv-1874 DB P Plaintiff, v. ORDER EUSEBIO MONTEJO, Defendant. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendant was deliberately indifferent to his medical needs, retaliated against him, and discriminated against him. Presently before the court is plaintiff’s motion to appoint counsel and notice of obstruction. (ECF No. 49.) Plaintiff alleges that he was transferred to Salinas Valley State Prison (SVSP) to be obstructed and to be subjected to cruel and unusual punishment. (ECF No. 49 at 1.) He further states that based on his classification level he should be housed in a level 2 facility, but rather is housed on a “level 3 severely violent yard.” He requests that he not be moved again until he is moved to a level 1 or level 2 facility. Plaintiff also states that he is having an issue with the mail 25 …

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