(PC) Rilurcasa v. State of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

TOM JON RILURCASA, ) Case No.: 1:20-cv-01568 JLT SAB (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DENYING v. ) DEFENDANT’S MOTION TO DISMISS ) STATE OF CALIFORNIA, et al., ) ) (Docs. 38, 49) Defendants. ) ) )

Tom Ron Rilurcasa is a deaf individual who asserts that he was denied access to an interpreter, which would allow for adequate participation in his medical appointments and treatment. Plaintiff seeks to hold Stu Sherman, former Warden at the Substance Abuse Treatment Facility and State Prison, Corcoran (SATF), liable in his official capacity, for violating Plaintiff’s rights under the Americans with Disabilities Act. (See Doc. 30 at 11.) Defendant moved to dismiss the Second Amended Complaint, asserting Plaintiff failed to exhaust his administrative remedies and failed to state a cognizable claim. (Doc. 38.) The assigned magistrate judge found it…