(PC)Grant

(PC)Grant v. Lupeni

Good Law
United States District Court, Eastern District of CaliforniaOctober 29, 20212:21-cv-01241California992 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RUSSEL S. GRANT, Case No. 2:21-cv-01241-KJM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT:

v. (1) PLAINTIFF’S AMENDED LUPENI, et al., COMPLAINT BE DISMISSED WITHOUT

LEAVE TO AMEND FOR FAILURE TO

Defendants. STATE A CLAIM; AND

(2) PLAINTIFF’S MOTION FOR

TEMPORARY RESTRAINING ORDER

AND PRELIMINARY INJUNCTION BE

DENIED.

17 ECF Nos. 9 & 10

FOURTEEN-DAY DEADLINE

19 Plaintiff Russel S. Grant is a county jail inmate proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. In his amended complaint, he alleges that dozens of officers at the Auburn County Jail violated his rights by subjecting him to “no touch torture” via a mechanism operated from the jail cell control booth. ECF No. 9 at 10. This claim, for the reasons stated below, cannot proceed, and I recommend that the amended complaint be dismissed 25 …

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