Ciufo

(PC) Garraway v. Ciufo

Good Law
United States District Court, Eastern District of CaliforniaFebruary 1, 20231:17-cv-00533California2,517 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MITCHELL GARRAWAY, No. 1:17-cv-00533-ADA-GSA (PC) Plaintiff, ORDER DENYING DEFENDANTS’

MOTION FOR RECONSIDERATION

v. (ECF No. 156) JACQUILINE CIUFO, et al., Defendants. 16 Plaintiff Mitchell Garraway (“Plaintiff”), proceeding pro se and in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388 (1971), and the Eighth Amendment. Plaintiff alleges that Defendants violated his Eighth Amendment rights while he was incarcerated at the U.S. Penitentiary at Atwater by failing to move him from a cell after he reported that his cellmate had cut his nose with a razor and struck Plaintiff’s left side of his jaw. (ECF No. 1 at 4.) Plaintiff’s cellmate had a long history of serious assaults in which his victims required hospitalization. (ECF No. 84 at 2.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 5, 2019, the…

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