Poye-Perez

Poye-Perez v. Diaz

Good Law
United States District Court, Northern District of CaliforniaNovember 13, 20235:23-cv-04933California2,514 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SERGUEY POYE-PEREZ, Case No. 23-cv-04933-JSC

Plaintiff,

ORDER OF SERVICE

v.

RALPH DIAZ, et al., Defendants.

INTRODUCTION Plaintiff, a California prisoner, proceeding without an attorney, filed a civil rights action in state court on March 6, 2023. Plaintiff alleged that the defendants violated his rights under the Eighth Amendment and state law by transferring over 100 inmates, some of whom were infected with COVID-19, from the California Institution for Men (CIM) to San Quentin State Prison (SQSP) in May 2020. Defendants removed this action from state court and paid the filing fee, indicating that Plaintiff mailed the Summons and Complaint to the Office of the Attorney General but has not personally served any of the Defendants. Defendants have also requested that the Court screen the complaint. Dkt. No. 4. The case is now before the Court for screening pursuant to 28 U.S.C. § 1915A(a), and service of the complaint on Defendants is…

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