Tate
Tate v. Delgadillo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
DEREK TATE,
Case No. 20-cv-09476 EJD (PR) Plaintiff, ORDER GRANTING MOTION FOR
SUMMARY JUDGMENT
v.
D. DELGADILLO,
Defendant. (Docket No. 30)
13 Plaintiff, a California inmate, filed the instant pro se civil rights complaint under 42 U.S.C. § 1983, based on an alleged attack by two inmates which was orchestrated by Defendant Correctional Officer D. Delgadillo, in retaliation for filing inmate appeals. Dkt. No. 1. The Court dismissed the complaint with leave to amend for Plaintiff to attempt to correct deficiencies with respect to an equal protection claim; the claims against two inmates were dismissed. Dkt. No. 9 at 3-4. Plaintiff filed notice that he wished to proceed on the cognizable First and Eighth Amendment claims against Defendant Delgadillo and strike all other claims from the complaint. Dkt. No. 13. Accordingly, the Court struck the non- cognizable claims and ordered service of…