Lewis

Lewis v. Foss

Good Law
United States District Court, Northern District of CaliforniaAugust 29, 20223:21-cv-00477California2,763 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LONNIE LEWIS, Case No. 21-cv-00477-EMC

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS

TAMMY FOSS, et al., Docket No. 22 Defendants.

12 13 I. INTRODUCTION Lonnie Dave Lewis, a prisoner at the Salinas Valley State Prison, filed this pro se civil rights action under 42 U.S.C. § 1983. On April 21, 2021, the Court dismissed the complaint with leave to amend, finding that Mr. Lewis had stated a claim against Defendants Rakitin and Bassi for Eighth Amendment violations, but that more facts were required to state a claim against Defendants Foss and Atchley. Docket No. 11 at 3-5. Mr. Lewis filed a first amendment complaint (“FAC”), providing more facts as to his allegations against Defendants Foss and Atchley. See Docket No. 15 (“FAC”). On October 4, 2021, the Court reviewed the FAC pursuant to 28 U.S.C. § 1915A, found that when Mr. Lewis’s allegations were…

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