Carroll
Carroll v. California Department of Corrections
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 ABONILICO CARROLL, Case No.: 19cv2126-BAS(KSC)
14 Plaintiff, REPORT AND v. RECOMMENDATION RE
DEFENDANTS’ MOTION TO
CALIFORNIA DEPARTMENT OF
DISMISS
CORRECTIONS, et al, 17 Defendants. [Doc. No. 16.]
19 Plaintiff Abonilico Carrol is a prisoner proceeding in this Section 1983 civil rights 20 action pro se and in forma pauperis. [Doc. No. 9.] In his First Amended Complaint 21 (FAC), plaintiff alleges his constitutional rights under the Eighth Amendment were 22 violated by correctional officers at the Richard J. Donovan Correction Facility (RJD).1 23 24
26 Plaintiff refers to this pleading as the Second Amended Complaint. [Doc. No. 20.] However, the Court will construe this pleading as the First Amended Complaint, because 28 [Doc. No. 20, at pp. 2-3.] The Court’s docket indicates plaintiff is currently housed at the North Kern State Prison in Delano, California. [Doc. No. 13.] Defendants C. Wright and S. Miller have filed a Motion to Dismiss. [Doc. No. 4…