(PC) Smith v. Sacramento County

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVIS SMITH, Case No. 2:23-cv-02919-JDP (PC) 12 Plaintiff, ORDER 13 v. GRANTING PLAINTIFF’S APPLICATION

TO PROCEED IN FORMA PAUPERIS AND

14 SACRAMENTO COUNTY, et al., FINDING THAT THE COMPLAINT FAILS

TO STATE A VIABLE CLAIM

15 Defendants. ECF Nos. 1 &2 16

RESPONSE DUE WITHIN THIRTY DAYS

17

18 19 20 21 Plaintiff, an inmate in the Sacramento County Jail, brings this action against Sacramento 22 County itself and two sheriff’s deputies. He alleges that defendants violated his Fourteenth 23 Amendment rights by failing to protect him from an assault by another inmate.1 He has failed, 24 however, to allege adequately how each defendant is responsible for that violation of his rights. 25

1 As a pretrial detainee, plaintiff’s failure to protect claims arise under the Fourteenth 26 rather than Eighth Amendment. See Castro v. Cty. of Los Angeles, 833 F.3d 1060, 1067-68 (9th 27 Cir. 2016) (“Inmates who sue prison officials for injuries suffered while…