Jacoby N. Pope Sr. v. Trent Allen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JACOBY N. POPE, V71862, Case No. 23-cv-00328-CRB (PR)

Plaintiff, ORDER GRANTING MOTION TO

DISMISS WITH LEAVE TO AMEND

v. (ECF No. 17) M. THOMAS, et al., Defendant(s).

Plaintiff, a prisoner in the custody of the California Department of Corrections and Rehabilitation (CDCR), filed a pro se complaint under 42 U.S.C. § 1983 alleging that on May 22, 2022, and again on May 23, 2022, while he was incarcerated at Salinas Valley State Prison (SVSP), defendants failed to protect him from assaults by other prisoners and ensure that he was given medical attention after the first assault. The court screened the complaint pursuant to 28 U.S.C. § 1915A and found that, liberally construed, it appeared to state arguably cognizable claims for damages for deliberate indifference to plaintiff’s safety and health needs in violation of the Eighth Amendment under § 1983, and for negligence under California law pursuant to this court’s supplemental jurisdiction…