(PC)Grant
(PC)Grant v. Lupeni
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 …