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-JO-KSC
14 Plaintiff, REPORT AND v. RECOMMENDATION REGARDING
PLAINTIFF’S SECOND AMENDED
CALIFORNIA DEPARTMENT OF
COMPLAINT
CORRECTIONS, et al, 17 Defendants. [Doc. No. 30]
19 Plaintiff Abonilico Carroll is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The operative complaint is plaintiff’s Second Amended Complaint, which names as defendants the Warden (“Warden”) and Chief Medical Officer (“CMO”) of Richard J. Donovan state prison (“RJD”) – where plaintiff was incarcerated at the time of the incidents giving rise to his lawsuit – and correctional officers S. Miller (“Miller”) and C. Wright (“Wright”). See Doc. No. 30 (hereafter “SAC”). Because plaintiff is proceeding in forma pauperis, the SAC is subject to screening under 28 U.S.C. § 1915(e)(2) and § 1915A(b). Under these statutes, a cause of action that fails to…