Wimberly

Wimberly v. Cuevas

Good Law
United States District Court, Northern District of CaliforniaApril 15, 20203:19-cv-08316California2,026 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CRAIG ERVIN WIMBERLY, Case No. 19-cv-08316-SI

Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

v. TO AMEND

KATHLEEN ALICIAN, et al., Re: Dkt. No. 1 Defendants.

12 Craig Wimberly, a California prisoner currently incarcerated at the San Quentin State Prison, filed this pro se civil rights action under 42 U.S.C. § 1983 to complain of conditions of confinement at that prison. His complaint is now before the court for review under 28 U.S.C. § 1915A. 16 BACKGROUND The complaint alleges the following: Wimberly worked as a porter and then as the lead porter in a visiting room at San Quentin State Prison, where he was supervised by sergeant Cuevas and others. On an unstated date, Wimberly saw sergeant Cuevas take “6 photo ducats out of the photo box” while Cuevas was showing a new sergeant around the visiting room. Docket No. 1 at 4. Wimberly immediately complained about the “theft” to his…

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