Jones

(PC) Berumen v. Jones

Good Law
United States District Court, Eastern District of CaliforniaJanuary 10, 20242:23-cv-00898California499 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL BERUMEN, No. 2:23-CV-0898-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS T. JONES, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s original complaint, ECF No. 1. On August 8, 2023, the Court issued an order addressing the sufficiency of Plaintiff’s complaint. See ECF No. 10. The Court determined that Plaintiff’s complaint states cognizable Eighth Amendment safety claims against Defendants Jones, Carrasco, Mayfield, and D’Angelo arising from an incident on November 16, 2022, at California State Prison – Sacramento, when these defendants returned Plaintiff to his cell despite warnings that Plaintiff’s cellmate – Alen – posed a risk of danger to Plaintiff. See id. The Court also determined that Plaintiff’s remaining claims of excessive force by Defendant Jones and other…

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