Wheeler

Wheeler v. Marengo

Good Law
United States District Court, Southern District of CaliforniaNovember 13, 20193:18-cv-00360California3,812 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KENNETH WHEELER, Case No.: 18-CV-360-AJB(WVG)

Plaintiff,

REPORT AND

v. RECOMMENDATION

RE: MOTION TO DISMISS

K. MARENGO et al., Defendants. 16 17 Plaintiff Kenneth Wheeler, a state prisoner proceeding pro se and in forma pauperis, has filed an amended complaint under the Civil Rights Act, 42 U.S.C. § 1983. (ECF No. 20.) Defendants Marengo, Lay, and Dominguez have filed a motion to dismiss the amended complaint. (ECF No. 21.) For the reasons that follow, the Court RECOMMENDS that Defendants’ motion be GRANTED and the Complaint be DISMISSED with prejudice. / / / / / /

27 1 All citations to documents filed on the Court’s CM/ECF system are to the system’s 28 I. BACKGROUND A. Procedural Background On April 29, 2019, Plaintiff filed an amended complaint alleging Defendants violated his Eighth Amendment rights. On May…

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