Clason

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

1 This court grants defendants’ request for…