Pallazhco
Pallazhco v. Acevedo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICARDO PALLAZHCO, Case No. 21-cv-00378-JSC
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
A. ACEVEDO, et al., Re: Dkt. No. 35 Defendants.
12 Plaintiff Richardo Pallazcho brings this civil rights complaint against the California Department of Corrections and Rehabilitation (“CDCR”), and CDCR officers A. Acevedo and M. Avila. CDCR moves to dismiss the claims against CDCR. (Dkt. No. 35.) Having carefully considered the briefing, the Court concludes that oral argument is unnecessary, and GRANTS CDCR’s motion to dismiss for the reasons stated below. Plaintiff alleges a single cause of action under 42 U.S.C. § 1983 (“Section 1983”) against CDCR. (Dkt. No. 1 ¶ 33.) To state a claim under Section 1983, a plaintiff must allege two elements: (1) a violation of a right secured by the Constitution or laws of the United States, and (2) that a “person” acting under the color of state law committed that violation. See West v.…