Whatley

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 REGINALD WHATLEY, Case No.: 3:18-cv-02761-CAB-BGS

CDCR #AG-2464,

ORDER GRANTING IN PART AND

Plaintiff, DENYING IN PART DEFENDANT vs. VALDOVINOS’ MOTION TO DISMISS

PLAINTIFF’S FIRST AMENDED

G. VALDOVINOS, Correctional Officer;

COMPLAINT PURSUANT TO Fed. R.

D. PARAMO, Warden; ROMERO,

Civ. P. 8; 12(b)(6) & 41(b) Defendants. [ECF No. 34] 17 I. Procedural History Plaintiff initially brought this action under 42 U.S.C. Section 1983 alleging that his constitutional rights were violated when he was housed at the Richard J. Donovan Correctional Facility (“RJD”) in May of 2018. See Compl., ECF No. 1. On March 1, 2019, this Court granted Plaintiff’s Motion to Proceed In Forma Pauperis (“IFP”), dismissed Defendant Paramo and directed the United States Marshal Service (“USMS”) to effect service of Plaintiff’s Complaint upon…