Ajaelo

I. INTRODUCTION

23 Plaintiff Jideofor Ajaelo is an inmate at Centinela State Prison (“CSP”). On 24 November 9, 2020, Ajaelo filed a Complaint pursuant to 42 U.S.C. § 1983 claiming 25 Defendant CSP staff member J. Carrillo violated Ajaelo’s civil rights by “initiat[ing] a 26 housing move without any regard for [Ajaelo’s] safety. . . .” Dkt. No. at 3. On 27 28 April 20, 2021, Defendant filed a Motion to Dismiss Portions of the Complaint. Dkt. No. 13. For the reasons set forth below, the Court recommends GRANTING Defendant’s Motion. II. FACTUAL ALLEGATIONS At all times relevant, Ajaelo was incarcerated at CSP. Dkt. No. 1 at 1. Ajaelo is a “non-affiliate,” meaning he does not “affiliate with any gangs.” Id. at 3.1 On April 22, 2019, Defendant told Ajaelo he “was being housed with a new cellmate,” a Crip gang member referred to as “211.” Dkt. No. 1 at 3. After Ajaelo explained he is a non-affiliate and, therefore, “incompatible” with 211, Defendant responded, “You guys are both Black and that nonaffiliate means you can cell up with any gang member.” Id. Although Ajaelo was “not…