Spearman

(PC) Romero v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaJuly 13, 20222:18-cv-01590California942 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES ROMERO, No. 2:18-cv-1590 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

M.E. SPEARMAN, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the reasons stated below, the undersigned will recommend that certain claims and defendants be dismissed from this action and that case proceed solely on the First Amended Complaint’s Eighth Amendment claims against defendants R. Wilson and L. Nguyen. I. BACKGROUND On May 2, 2022, the undersigned screened plaintiff’s FAC (ECF No. 21). ECF No. 22. The court found that the FAC did not state any claim for relief against named defendants Spearman and Baniga, because plaintiff had not alleged any facts about them that would support liability. Id. at 2. …

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