Foster

INTRODUCTION

18 Plaintiff Michael Barkarri Foster alleges that prison guards at Pelican Bay State 19 Prison entered his cell and beat and stabbed him in violation of the Eighth Amendment. 20 Defendants move for partial dismissal under Rule 12(b)(6) on grounds that defendants 21 Puente and Sullenger were not integral participants in the attack and are entitled to 22 qualified immunity. They also contend that Foster has not stated facts sufficient to sustain 23 his request for injunctive relief. Defendants’ motion is GRANTED concerning the claims 24 against Sullenger, which are DISMISSED; Foster’s allegations show only that Sullenger 25 opened Foster’s cell door when told to do so--this does not indicate integral-participation. 26 The motion is DENIED concerning the claims against Puente, who ordered that the cell 27 door be opened. Defendants’ motion is also GRANTED concerning the request for injunctive relief because Foster has been transferred to another prison, making his injunctive relief claims moot. On or before November 1, 2023, defendants shall file a motion for summary judgment, or a notice regarding such a motion. Foster’s opposition to…