Castro

(PC) Gerez v. Castro

Good Law
United States District Court, Eastern District of CaliforniaFebruary 28, 20221:21-cv-01431California1,243 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BOGDAN V. GEREZ, No. 1:21-cv-01431-JLT-EPG (PC) Plaintiff, ORDER ADOPTING THE FINDINGS AND

RECOMMENDATIONS AND DIMISSING

v. CERTAIN CLAIMS AND DEFENDANTS R. CASTRO, et al., (Doc. 12) Defendants. 16 Bogdan V. Gerez is a state prisoner who asserts his constitutional rights were violated at Pleasant Valley State Prison by officers Castro and Arredondo. (See Doc. 9.) On January 28, 2022, the assigned magistrate judge reviewed Plaintiff’s First Amended Complaint and found he stated a cognizable claim for violations of his rights under the Fourth and Eighth Amendment against defendant Castro only. (Doc. 12 at 7-9.) However, the magistrate judge determined Plaintiff failed to state a claim for a violation of his right to due process against defendant Arredondo. (Id. at 10-11.) Therefore, the magistrate judge recommended the case proceed on Plaintiff’s Fourth and Eighth Amendment claims against Castro, and…

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