Solares

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DORA SOLARES, ) Case No.: 1:20-cv-00323 JLT BAM ) Plaintiff, ) ORDER DENYING DEFENDANT BURNES’ ) MOTION TO DISMISS WITHOUT PREJUDICE v. ) AND DIRECTING PLAINTIFF TO FILE A THIRD ) AMENDED COMPLAINT RALPH DIAZ, et al., ) Defendants. ) (Doc. 47) ) 16 Based on the circumstances surrounding the murder of her son, Luis Romero, at Corcoran State Prison, Dora Solares proceeds in both her individual capacity and as successor-in-interest to Mr. Romero in this action pursuant to 42 U.S.C. § 1983 and state law. This action proceeds on Plaintiff’s Second Amended Complaint against California Department of Corrections & Rehabilitation Sergeant Joseph Burnes1 and Does 1-15 for claims of conditions of confinement; failure to protect; supervisory liability; loss of familial relations; wrongful death; and failure to summon medical care. (Doc. 46.) Burnes seeks dismissal of the SAC pursuant to Rules 12(b)(6) and 12(b)(7) of the Federal…