Pressley
Pressley v. Pacheco
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL LAMAR PRESSLEY, Case No. 17cv1715-MMA (MDD)
Plaintiff,
ORDER DENYING DEFENDANT
vs. PACHECO’S MOTION TO DISMISS
PLAINTIFF’S FOURTEENTH
AMENDMENT CLAIM
M. PACHECO, Defendant. [Doc. No. 42] 17 18 19 20 21 Plaintiff Michael Lamar Pressley, proceeding pro se and in forma pauperis, has filed a Second Amended Complaint (“SAC”) pursuant to 42 U.S.C. § 1983 alleging violations of his Eighth and Fourteenth Amendment rights. See Doc. No. 41. Defendant Pacheco moves to dismiss Plaintiff’s Fourteenth Amendment claim pursuant to Federal Rule of Civil Procedure 12(b)(6). See Doc. No. 42. Plaintiff filed a response in opposition to the motion, to which Defendant Pacheco replied. See Doc. Nos. 48, 50. For the reasons set forth below, the Court DENIES Defendant Pacheco’s motion. BACKGROUND This action arises out of events occurring on April 13, 2017 during Plaintiff’s 3 …