Randall Merth v. Management & Training Corp.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RANDALL MERTH, ) Case No.: 1:21-cv-01185 JLT BAK ) Plaintiff, ) ORDER GRANTING DEFENDANTS’ MOTION ) TO DISMISS v. ) ) (Doc. 10) MANAGEMENT & TRAINING CORP., ) GEORGINA PUENTES, and MARTIN ) FRIEND, ) ) Defendants. ) ) 17 Randall Merth is a former federal prisoner and asserts he was confined past his entitled release 18 date. Merth seeks to hold Management & Training Corporation and the wardens of facility in which he 19 was confined—Georgina Puentes and Martin Friend—liable for violating his Fifth and Eighth 20 Amendment rights under the United States Constitution. (See generally Doc. 1.) 21 Defendants seek dismissal of the Complaint, arguing Merth fails to state facts sufficient to 22 entitle him to relief under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 10.) 23 Specifically, Defendants argue that Bivens actions do not extend to Defendants and Merth was not 24 entitled to early release as a matter of law. (Id. at 3.)…