(PC) Mansour v. North Kern State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MUSTAFFA MANSOUR, No. 1:22-cv-1054 JLT EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. CERTAIN CLAIMS AND DEFENDANTS NORTH KERN STATE PRISON, et al., (Doc. 28) Defendants.

16 Mustaffa Mansour is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The assigned magistrate judge found Plaintiff failed to state cognizable claims for deliberate indifference to serious medical needs and failure to protect. (Doc. 24 at 7-10.) The magistrate judge observed that Plaintiff seeks monetary damages from North Kern State Prison and the CDCR, which were entitled to Eleventh Amendment immunity. (Id. at 6.) However, the magistrate judge determined Plaintiff stated a cognizable claim for excessive force against Correctional Officer Luken. (Id. at 6-7.) The Court granted Plaintiff the opportunity to either file an amended…