Gomez
Gomez v. Madden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RUBEN GOMEZ,, Case No.: 16-CV-2316-WQH(WVG)
Plaintiff,
ORDER
v. A. SANGHA; DR. MANI, Defendants. HAYES, Judge: The matters before the Court are the Motion to Dismiss filed by Defendant Sangha (ECF No. 40), the Report and Recommendation issued by the Magistrate Judge (ECF No. 44), and the Objection filed by Plaintiff (ECF No. 45). I. BACKGROUND On September 12, 2016, Ruben Gomez (“Plaintiff”), a state prisoner currently incarcerated at Centinela State Prison (“CEN”) in Imperial, California, and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against Defendants Raymond Madden, CEN Warden, and A. Sangha, CEN Chief Medical Officer. ECF No. 1. On December 14, 2016, the Court granted Plaintiff’s Motion to Proceed IFP, denied his Motion to Appoint Counsel, and sua sponte DISMISSED his Complaint for failing to state a claim upon which relief could be granted. ECF No. 5. 28 1 …