(PC) Zaiza v. Clark
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOSE ROBERTO ZAIZA, 1:19-cv-01476-DAD-GSA-PC
NOTICE AND WARNING OF Plaintiffs, REQUIREMENTS FOR OPPOSING DEFENDANTS’ MOTION TO DISMISS vs. (ECF No. 21.) CLARK, et al., 15 Defendants.
17 Jose Roberto Zaiza (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on October 17, 2019. (ECF No. 1.) This case now proceeds with the First Amended Complaint filed on February 18, 2021, against defendants Ken Clark (Warden), Captain J. Gallagher, and D. Baughman (CDCR Acting Associate Director) (collectively, “Defendants”) for subjecting Plaintiff to adverse conditions of confinement in violation of the Eighth Amendment. (ECF No. 13.) On September 10, 2021, Defendants filed a motion to dismiss the complaint under Federal Rule of Civil…