CDCR

(PC) Virgil v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaApril 20, 20212:20-cv-01373California956 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RONDELL EARL VIRGIL, Case No. 2:20-cv-01373-JAM-JDP (PC) Plaintiff, SCREENING ORDER THAT PLAINTIFF: v. (1) FILE AN AMENDED

COMPLAINT; OR

CDCR, et al., (2) NOTIFY THE COURT THAT HE Defendants. WISHES TO STAND BY HIS

COMPLAINT, SUBJECT TO

DISMISSAL OF CLAIMS AND

DEFENDANTS

16 ECF No. 19

SIXTY-DAY DEADLINE

18 19 Plaintiff Rondell Earl Virgil is a state prisoner proceeding without counsel in this civil 20 rights action brought under 42 U.S.C. § 1983. He alleges that numerous “Doe” defendants 21 violated his Eighth Amendment rights by moving him from general population to the sensitive 22 needs yard (“SNY”). ECF No. 19 at 7-9. Plaintiff claims that the defendants knew that he would 23 be assaulted once he was placed in the sensitive needs yard. Id. at 9. I find, for the reasons stated 24 below, that the complaint does not state a cognizable claim, but I will give plaintiff leave to 25 amend.

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