Kidd

Kidd v. Broomfield

Good Law
United States District Court, Northern District of CaliforniaApril 27, 20223:20-cv-08694California1,419 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MARK DEWAINE KIDD,

Case No. 20-cv-08694-JCS (PR) Plaintiff, 12 v. ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND

RON BROOMFIELD,

14 Defendant. Dkt. No.

16 INTRODUCTION Plaintiff alleges that correctional staff at San Quentin State Prison fail to wear masks and gloves, thereby increasing his chances of contracting COVID. As pointed out in defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), these allegations fail to state a claim for relief or tie responsibility to the sole defendant, Ron Broomfield, the Warden of San Quentin. Accordingly, defendant’s motion to dismiss is GRANTED. (Dkt. No. 15.) The complaint is DISMISSED with leave to file an amended complaint on or before June 1, 2022. Failure to file a proper amended complaint by June 1, 2022 will result in the dismissal of this action under Federal…

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