Clason

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ANTOINE LAMAR BAILEY, No. 2:22-cv-1670 WBS DB P 11 Plaintiff, 12 v. ORDER 13 J. CLASON, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. Plaintiff claims that defendants violated his rights under the First, Eighth, and 18 Fourteenth Amendments. Presently before the court is defendants’ fully briefed motion to 19 dismiss. (ECF No. 28.) 20 In their motion to dismiss, defendants state that prior to filing the complaint in this action, 21 plaintiff sued defendants in Sacramento Superior Court on November 9, 2020.1 (ECF No. 28-1 at 22 3.) Defendants assert that plaintiff alleges in both actions that defendants failed to protect him 23 from an assault by an unidentified inmate on March 26, 2020, and that as a result of the attack 24 plaintiff suffered stab wounds to his chest and ear. (Id.) Defendants indicate that the only 25

1 This court grants defendants’ request for…