(PC) Zaiza v. Clark

Good Law
United States District Court, Eastern District of CaliforniaDecember 9, 20211:19-cv-01476California11,653 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

11 JOSE ROBERTO ZAIZA, 1:19-cv-01476-DAD-GSA-PC

FINDINGS AND RECOMMENDATIONS,

Plaintiffs, RECOMMENDING THAT

DEFENDANTS’ MOTION TO DISMISS

vs. BE GRANTED IN PART, AND DENIED IN

PART

CLARK, et al., (ECF No. 21.)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS

17 18 I. PROCEDURAL BACKGROUND 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.) On September 28, 2020, the court dismissed the Complaint for failure to state a claim, with leave to amend. (ECF No. 10.) On October 21, 2020, Plaintiff filed the First Amended Complaint. (ECF No. 11.) This case now proceeds with the First Amended Complaint against Defendants Ken Clark (Warden), Captain J. Gallagher, and D. Baughman (CDCR Acting Associate Director) 27 …

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