Baker

Baker v. Allen

Good Law
United States District Court, Northern District of CaliforniaJanuary 3, 20243:23-cv-04391California2,206 words

Opinion

trial_court Opinion

INTRODUCTION

15 Plaintiff Timothy Ray Baker alleges that correctional officers used excessive force 16 on him in violation of the Eighth Amendment and that one officer acted out of retaliation. 17 His 42 U.S.C. § 1983 complaint containing these allegations is now before me for review 18 pursuant to 28 U.S.C. § 1915A(a). 19 Baker has stated cognizable Eighth Amendment excessive force claims against 20 Salinas Valley State Prison correctional officers C. Tanori and R. Carrassco. He also has 21 stated a First Amendment retaliation claim and a due process claim against Tanori. All 22 other defendants and claims are DISMISSED. The Court directs defendants Tanori and 23 Carrassco to file in response to the complaint a dispositive motion, or a notice regarding 24 such motion, on or before May 1, 2024. 25

DISCUSSION

26 A. Standard of Review 27 A federal court must conduct a preliminary screening in any case in which a 1 prisoner seeks redress from a governmental entity or officer or employee of a 2 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any 3 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state…

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