(PC)Kirkwood

(PC)Kirkwood v. Ramirez

Good Law
United States District Court, Eastern District of CaliforniaDecember 4, 20231:23-cv-00314California497 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LARRY KIRKWOOD, Case No.: 1:23-cv-0314 JLT SKO (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. CERTAIN CLAIMS AND DEFENDANTS

K. RAMIREZ, (Doc. 11)

Defendant.

16 Larry Kirkwood seeks to hold the defendants liable for civil rights violations pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge screened the complaint pursuant to 28 U.S.C. § 1915A(a) and found Plaintiff stated a cognizable claim against Defendant K. Ramirez for failure to protect under the Eighth Amendment. (Doc. 8 at 4-8.) However, the magistrate judge found Plaintiff did not state cognizable claims for violations of his rights arising under the First and Fourteenth Amendments. (Id. at 8-14.) The magistrate judge also determined Plaintiff did not state a claim against Warden Brian…

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