Tibbet
(PC) Warfield v. Tibbet
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRODERICK JAMES WARFIELD, No. 2:23-cv-1546 KJM DB P Plaintiff, v. ORDER WALT TIBBET, et al., Defendants. 16 Plaintiff is a former1 state prisoner proceeding pro se with this civil rights action seeking relief pursuant to 42 U.S.C. § 1983. On September 18, 2023, the undersigned issued findings and recommendations recommending that the third amended complaint be dismissed without leave to amend because the allegations in the complaint are duplicative of the allegations raised in Warfield v. Solano Public Defenders Offices, 2:22-cv-0782 TLN JDP (E.D. Cal.). (ECF No. 15 at 3-6.) The findings and recommendations are presently pending before the district court. 23 In the third amended complaint, plaintiff states that he is a civilly committed detainee and a convicted and sentenced state prisoner. (ECF No. 12 at 4.) According to California Department of Corrections and Rehabilitation (CDCR) records, plaintiff is not currently in CDCR…