Toles

Toles v. Foss

Good Law
United States District Court, Northern District of CaliforniaSeptember 5, 20233:22-cv-01073California2,501 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

COREY ANTIONNE TOLES,

Case No. 22-cv-01073-YGR (PR) Plaintiff, ORDER DENYING DEFENDANTS’ v. MOTION TO DISMISS; AND DIRECTING DEFENDANTS TO FILE TAMMY FOSS, et al., A MOTION FOR SUMMARY JUDGMENT Defendants.

I. INTRODUCTION Plaintiff, who has since been paroled, filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 alleging a claim of a violation of his Eighth Amendment rights between November 2018 through April 2019, while he had been previously incarcerated at Salina Valley State Prison (“SVSP”). Dkt. 1. In an Order dated October 5, 2022, the Court determined that plaintiff stated a cognizable Eighth Amendment claim, relating to the failure to repair the roof of his housing unit, against the following defendants from SVSP: Warden Tammy Foss; Associate Warden M. Atchley; Correctional Officer P. Rakitin,…

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