Samuels
Samuels v. Lizarraga
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT EARL SAMUELS, Case No.: 3:20-cv-01051-CAB-MDD
CDCR #F-61946,
ORDER:
Plaintiff, 13 vs. 1) SCREENING COMPLAINT
PURSUANT TO 28 U.S.C. SECTION
M. LIZARRAGA, Correctional Officer,
1915A; Defendant.
AND
17 2) DIRECTING CLERK OF COURT
TO ISSUE A SUMMONS PURSUANT
TO Fed. R. Civ. P. 4(b) 20 21 22 Robert Earl Samuels (“Plaintiff”), an inmate at Richard J. Donovan State Prison (“RJD”) in San Diego, California, filed this civil rights action pursuant to 42 U.S.C. Section 1983. (See Compl., ECF No. 1.) Plaintiff alleges that members of a prison gang assaulted him based on rumors started by a correctional officer, Defendant M. Lizarraga. (See id. at 8-9.) Plaintiff contends that Defendant’s conduct violated his Eighth Amendment right to be free from cruel and unusual punishment. (See id. at 3.) Plaintiff prepaid the $400 filing fee required by 28 U.S.C. Section 1914(a). (See ECF No. 1-2,…