Diaz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN E. MITCHELL, ) Case No.: 1:22-cv-00006 JLT EPG (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, GRANTING v. ) DEFENDANT’S MOTION TO DISMISS, AND ) DISMISSING THE OFFICIAL CAPACITY CLAIM T. RODRIGUEZ, ) AGAINST RODRIGUEZ ) Defendant. ) (Docs. 38, 44) ) )

John Mitchell is a state prisoner who asserts that his civil rights were violated by correctional officer Rodriguez, who Mitchell contends deprived him of a silver chain and medallion without a legitimate penological purpose. (See Docs. 24, 29.) Rodriguez seeks dismissal of “Plaintiff’s claims for damages against [Rodriguez] in his official capacity” as barred under the Eleventh Amendment. (Doc. 48.) Mitchell indicated he “agree[d] to … dismiss the claim against the defendant as to the Eleventh Amendment.” (Doc. 43 at 1.) On February 7, 2023, the magistrate judge observed that the Eleventh…