Jenkins
(PC) Gosztyla v. Jenkins
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD GOSZTYLA, No. 2:22-cv-01706-DJC-EFB (PC) Plaintiff, v. ORDER A. JENKINS, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. The case proceeds on plaintiff’s claims that defendant Jenkins, an officer at Mule Creek State Prison (MCSP), improperly searched plaintiff in violation of the Fourth and Eighth Amendments and retaliated against him in violation of the First Amendment. See ECF No. 1 at 5- 6, 10; ECF No. 7 at 2-3. Before the court is plaintiff’s motion to compel discovery (ECF No. 26), which is fully briefed. ECF Nos. 28 & 29. For the reasons set forth below, the court grants plaintiff’s motion in part and denies it in part. I. Plaintiff’s Complaint Plaintiff alleges that, between November 2019 and January 2020, defendant Jenkins conducted improper searches by taking plaintiff out of the dining hall line, pulling plaintiff’s…