(PC) Rilurcasa v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TOM JON RILURCASA, Case No. 1:20-cv-01568-JLT-SAB (PC)
Plaintiff,
FINDINGS AND RECOMMENDATION
v. REGARDING DEFENDANT’S MOTION TO
DISMISS
STATE OF CALIFORNIA, et al., (ECF No. 38) Defendants.
15 Plaintiff Tom Jon Rilurcasa is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendant’s motion to dismiss, filed November 28, 2022. I. RELEVANT BACKGROUND This action is proceeding against Defendant S. Sherman, former Warden at Substance Abuse Treatment Facility and State Prison, Corcoran (SATF), in his official capacity, for violation of Plaintiff’s rights under the Americans with Disabilities Act (ADA). On November 28, 2022, Defendant filed a motion to dismiss the complaint. (ECF No. 38.) Plaintiff filed an opposition on March 23, 2023, and Defendant filed a reply on April 6, 2023. (ECF Nos. 47, 48.) 27 …