CDCR

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

IVAN SAMANIEGO, ) Case No.: 1:21-cv-0839 JLT BAK (EPG) ) Plaintiff, ) ORDER GRANTING DEFENDANTS’ MOTION ) TO DISMISS v. ) ) (Doc. 26) CALIFORNIA DEPARTMENT OF )

CORRECTIONS AND REHABILITATION, )

et al., ) ) Defendants. ) )

Ivan Samaniego asserts his civil rights were violated while he was incarcerated at the California Correctional Institution- Tehachapi. Samaniego contends he witnessed the assault of an inmate by CCI correctional officers and suffered retaliation for coming forward as a witness. He asserts the retaliatory acts continued after he was transferred to Kern Valley State Prison. Samaniego seeks to hold correctional officers liable for violating his rights under the First Amendment and Eighth Amendment. In addition, Samaniego seeks to hold W.J. Sullivan and Christian Pfeiffer, policy-makers for CCI- Tehachapi and KVSP, liable for the First Amendment violations. (See generally Doc.…