Covello

(PC) Watts v. Covello

Good Law
United States District Court, Eastern District of CaliforniaMay 26, 20232:22-cv-02311California397 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VERNELL WATTS, No. 2:22-cv-02311-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action brought under 42 U.S.C. § 1983. As discussed in the concurrently issued screening order finding service of the first amended complaint appropriate for defendants Garibay, Pierce, Tsushko, and Vega, the first amended complaint names two additional defendants, Warden Patrick Covello and Chief Deputy Warden Bryan Holmes. The court recommends that the claims against defendants Covello and Holmes be dismissed without leave to amend because, despite an opportunity to amend, plaintiff has again failed to allege that either of these defendants personally participated in a violation of plaintiff’s rights and their roles as supervisors are not a basis for liability. See Taylor v. List, 880 F.2d 1040,…

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