D'Agostini

(PC) Cast v. D'Agostini

Good Law
United States District Court, Eastern District of CaliforniaOctober 3, 20232:23-cv-01428California1,708 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL CAST, No. 2:23-cv-1428 KJN P Plaintiff, v. ORDER JOHN D’AGOSTINI, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, in an action brought under 42 U.S.C. § 1983. On August 10, 2023, the court dismissed plaintiff’s complaint with leave to amend. On September 7, 2023, plaintiff filed a first amended complaint. As discussed below, plaintiff states potentially cognizable Eighth Amendment claims as to defendants Chapman and Cameron and is granted leave to amend as to defendant Jail. Eighth Amendment Claims The court reviewed plaintiff’s amended complaint and, for the limited purposes of § 1915A screening, finds that it states potentially cognizable Eighth Amendment claims against defendants Dr. Ross Chapman and Nurse J. Cameron. See 28 U.S.C. § 1915A. Plaintiff may proceed forthwith to serve defendants Chapman and Cameron and pursue his claims against only…

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