Pantoja

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL PANTOJA, No. 2:20-cv-00809-TLN-DB Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., Defendant. 16 This matter is before the Court pursuant to Defendants State of California, the California Department of Corrections and Rehabilitation (“CDCR”), High Desert State Prison (“HDSP”), HDSP Warden M. Elliot Spearman (“Spearman”), and CDCR Counselor Drake’s (“Drake”) (collectively, “Defendants”) Motion to Dismiss. (ECF No. 12.) Plaintiff Daniel Pantoja (“Plaintiff”) opposed Defendants’ motion. (ECF No. 14.) Defendants filed a Reply. (ECF No. 15.) Having carefully considered the parties’ briefings, the Court hereby GRANTS Defendants’ Motion to Dismiss. /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff, a state prisoner, brings the instant action based on injuries he received from members of the gang Zapa Tisa while housed at HDSP. Plaintiff is a former member of Zapa 4 …