(PC) Warzek v. Valley State Prison

Good Law
United States District Court, Eastern District of CaliforniaSeptember 12, 20231:20-cv-00027California1,750 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WARZEK, No. 1:20-cv-00027-ADA-GSA (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, IN PART, AND

v. GRANTING DEFENDANTS’ RULE 12(b)(6)

MOTION TO DISMISS IN PART, WITH

VALLEY STATE PRISON, et al., PARTIAL LEAVE TO AMEND Defendants. (ECF Nos. 4, 22, 47) 16 Plaintiff Michael Warzek (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 27, 2023, the Magistrate Judge entered amended findings and recommendations recommending that Defendants’ motion to dismiss filed on January 27, 2022, be granted in part, without leave to amend. (ECF No. 47.) The findings and recommendations also recommended that this case proceed against Defendants Fisher and Moosbauer for violation of the Religious Land Use and…

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