Castillo

(PC) Henderson v. Castillo

Good Law
United States District Court, Eastern District of CaliforniaApril 20, 20211:20-cv-01199California370 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CURTIS LEE HENDERSON, SR., Case No. 1:20-cv-01199-AWI-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS CLAIMS AND DEFENDANT

v.

S. CASTILLO, et al., 14-DAY DEADLINE Defendants. 16 On March 12, 2021, the Court screened Plaintiff’s complaint and found that it states cognizable claims of deliberate indifference to health or safety under 42 U.S.C. § 1983 and cognizable claims under the California Bane Civil Rights Act (“Bane Act”), Cal. Civ. Code § 52.1, against Defendants Castillo and Tyler in their individual capacities. (Doc. 20.) The Court, therefore, directed Plaintiff to file a first amended complaint curing the deficiencies in his pleading, or to notify the Court that he wishes to proceed only on the claims found cognizable and to dismiss the remaining claims and defendant. (Id. at 10-11.) On April 15, 2021, Plaintiff filed a notice that “he will proceed . . . on the claims found cognizable. . . .” (Doc. 23.) Accordingly,…

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