Julian Balderrama v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 JULIAN BALDERRAMA, Case No. CV 20-6052-JGB (KK) Plaintiff, v. ORDER DISMISSING COMPLAINT

WITH LEAVE TO AMEND

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION,

Defendant(s).

16 17 I. INTRODUCTION Plaintiff Julian Balderrama (“Balderrama”), proceeding pro se and in forma pauperis, filed a Complaint pursuant to 42 U.S.C. § 1983 (“Section 1983”) against a single defendant, the California Department of Corrections and Rehabilitation (“CDCR”), alleging deliberate indifference and cruel and unusual punishment as well as state law claims for medical malpractice and medical negligence. For the reasons discussed below, the Court dismisses the Complaint with leave to amend. /// /// II. BACKGROUND On July 7, 2020, Balderrama filed a Complaint against CDCR for deliberate indifference, cruel and unusual punishment,…