Whatley
Whatley v. Valdovinos
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 REGINALD WHATLEY, CDCR #AG- Case No.: 18cv2761-CAB-BGS 2464,
ORDER DENYING DEFENDANTS’
Plaintiff, MOTION TO DISMISS v. PLAINTIFF’S SECOND AMENDED 14 COMPLAINT [Doc. No. 50]
G. VALDOVINOS, Correctional Officer;
D. PARAMO, Warden; ROMERO,
16 Defendants.
18 On June 30, 2020, Defendants L. Romero and G. Valdovinos (“Defendants”) filed 19 a Motion to Dismiss Plaintiff’s Second Amended Complaint. [Doc. No. 50.] On July 13, 20 2020, Plaintiff Reginald Whatley (“Plaintiff”) filed an opposition to the motion. [Doc. 21 No. 52.] No reply was filed. For the reasons set forth below, the motion to dismiss is
DENIED.
FACTUAL AND PROCEDURAL BACKGROUND
24 Plaintiff, a California prisoner proceeding pro se, filed a complaint under 42 U.S.C. 25 §1983 on December 8, 2018. [Doc. No. 1.] This Court screened and dismissed the 26 lawsuit for Plaintiff’s failure to state a claim and failure to follow court orders. [Doc. 27 28 Nos. 7, 21, 25, 32, and 38.] On March…