McComber
(PC) Wheaton v. McComber
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 GENE PAUL WHEATON, Case No. 2:22-cv-01434-JDP (PC) Plaintiff, v. ORDER THAT THE CLERK OF COURT
ASSIGN A DISTRICT JUDGE TO THIS
J. MCCOMBER, et al., ACTION Defendants. FINDINGS AND RECOMMENDATIONS
THAT THIS ACTION BE DISMISSED FOR
FAILURE TO STATE A CLAIM ECF No. 23 17 18 19 Plaintiff, a state prisoner, has filed a fourth amended complaint alleging that defendants violated his Eighth and Fourteenth Amendment rights by assigning him an “R-Suffix” prisoner classification, thereby causing him to be attacked by unknown assailants. ECF No. 23 at 11. This allegation fails to state a cognizable claim, and I now recommend that this action be dismissed.
25 26 27 28 Screening Order I. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief against a governmental 4 …