(PC) Penn v. Warden of Kern Valley State Prison

Good Law
United States District Court, Eastern District of CaliforniaJuly 8, 20211:18-cv-01482California5,308 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLIN PENN, Case No. 1:18-cv-01482-AWI-HBK Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CERTAIN CLAIMS AND

v. DEFENDANTS1 WARDEN OF KERN VALLEY STATE FOURTEEN-DAY OBJECTION PERIOD PRISON, et al., (Doc. No. 19) Defendant.

17 Plaintiff Marlin Penn (“Plaintiff” or “Penn”) is a state prisoner proceeding pro se in this rights action filed under 42 U.S.C. § 1983. Plaintiff’s second amended complaint is before the court for screening. (Doc. No. 19, “SAC”). The undersigned recommends Plaintiff be permitted to proceed with his cognizable claims and that all other non-cognizable claims and improper defendants be dismissed. I. BACKGROUND A. Procedural Posture Penn filed his initial complaint on October 26, 2018. (Doc. No. 1). The then-assigned magistrate judge granted Penn’s motion for leave to proceed in forma pauperis on November 6, 27 1 The…

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