Jones

(PC) Starr v. Jones

Good Law
United States District Court, Eastern District of CaliforniaFebruary 23, 20232:21-cv-01842California987 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL ANTHONY LYNCH, Case No. 2:21-cv-01842-JDP (PC) Plaintiff, ORDER DIRECTING THE CLERK OF

COURT TO ASSIGN A DISTRICT JUDGE

v. TO THIS CASE AND DENYING

PLAINTIFF’S MOTION TO STAY

P.J. JONES, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants. THAT DEFENDANTS’ MOTION TO

DISMISS BE GRANTED

OBJECTIONS DUE WITHIN FOURTEEN

DAYS ECF Nos. 19 & 22 19 20 Plaintiff alleges that defendants violated her Eight Amendment rights by failing to protect her from sexual assault and to obtain medical care for her after the assault. Defendants move to dismiss plaintiff’s deliberate indifference claim for failure to exhaust administrative remedies. Plaintiff has filed an opposition and a motion to stay; both indicate that she agrees to dismiss the deliberate indifference claim, but plaintiff asks that the court stay that claim while she exhausts it. Because…

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