(PC)Maea

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 EARNEST MAEA, by and through his CASE NO. 1:22-CV-0362 AWI HBK power of attorney, Lashara Maea, 7 Plaintiff ORDER ON DEFENDANTS’ MOTION TO DISMISS v. 9 KERN VALLEY STATE PRISON, et al., (Doc. No. 16) 10 Defendants 11 This is a civil rights action brought by Plaintiff Earnest Maea for injuries he received while incarcerated at Kern Valley State Prison. The operative complaint is the First Amended Complaint (“FAC”). The FAC alleges claims under California state law and 42 U.S.C. § 1983. Currently before the Court is a Rule 12(b)(6) motion to dismiss filed by Defendants California Department of Corrections (“CDCR”) and Kern Valley State Prison (“KVSP”). Maea, through counsel, has filed a notice of non-opposition. Defendants’ Arguments With respect to CDCR, Defendants argue that CDCR is a state agency and thus, entitled to Eleventh Amendment immunity. CDCR argues that the immunity applies to Maea’s state and federal claims. With respect to KVSP, Defendants argue that KVSP…