Jones

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 HENRY A. JONES, JR., Case No. 21-cv-162-MMA (RBM)

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

MARCUS POLLARD, Warden, et al.,

Defendants. [Doc. No. 32] 16 17 18 On January 27, 2021, Henry A. Jones, Jr. (“Plaintiff”), a state prisoner and proceeding pro se, filed a civil rights complaint pursuant 42 U.S.C. § 1983, alleging violations of his Eighth Amendment rights. See Doc. No. 1 (“Compl.”). Defendant Warden Marcus Pollard (“Defendant”) now moves to dismiss Plaintiff’s claim against him. Doc. No. 32. Plaintiff filed an opposition, to which Defendant replied. See Doc. Nos. 33, 34. Plaintiff then filed a sur-reply, Doc. No. 6, which the Court did not authorize but nonetheless accepted while noting the discrepancy, Doc. No. 7. Defendant filed a response to Plaintiff’s sur-reply. Doc. No. 38. For the reasons set forth below, the Court GRANTS IN PART…