Warden

(PC) Bealer v. Warden

Good Law
United States District Court, Eastern District of CaliforniaMay 2, 20232:23-cv-00284California953 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTWOINE BEALER, Case No. 2:23-cv-00284-KJM-JDP (PC) Plaintiff, v. WARDEN, et al., ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding without counsel, alleges that on November 22, 2020, an unnamed correctional officer purposefully closed a cell gate on his head. ECF No. 1 at 3-4. Some uncertain amount of time afterwards, an unidentified male nurse examined his injured head but declined to order x-rays or other treatment. Id. at 4. These allegations are sufficient to state claims against these two defendants, but plaintiff must identify them before service can be attempted. Additionally, plaintiff has named the warden of High Desert State Prison as a defendant but has not alleged any specific claims against that individual. Plaintiff must decide whether to proceed only with his claims against the two “Doe” defendants (after they are identified) or delay serving any defendant and file an amended complaint. 27 28 …

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