Lopez

(PC) Tucker v. Lopez

Good Law
United States District Court, Eastern District of CaliforniaAugust 22, 20231:22-cv-01458California462 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JORDAN TUCKER, Case No.: 1:22-cv-01458 JLT SKO (PC) Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS TO DISMISS

CERTAIN CLAIMS AND DEFENDANT

G. LOPEZ, et al., PFEIFFER

Defendants. (Doc. 12)

16 Jordan Tucker seeks to hold Correctional Officer Lopez and Warden Pfeiffer liable for civil rights violations pursuant to 42 U.S.C. § 1983. (Doc. 1.) The magistrate judge screened the allegations of the complaint pursuant 28 U.S.C. § 1915A(a), and found Plaintiff stated cognizable claims against Lopez for sexual assault in violation of the Eighth Amendment and unreasonable search in violation of the Fourth Amendment. However, the magistrate judge also found Plaintiff failed to state a cognizable claim against Warden Pfeiffer. (Doc. 9.) In response to the Screening Order, Plaintiff filed notice that he did not wish to file an amended complaint, and was willing to proceed only on the claims found cognizable.…

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