Purpura
Purpura v. Does Members of the Inmate Classification Committee
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FRANK PURPURA, Case No.: 20-cv-1688 JAH (BGS)
Plaintiff,
REPORT AND
v. RECOMMENDATION TO GRANT
DEFENDANT’S MOTION TO
DOES MEMBERS OF THE INMATE
DISMISS
CLASSIFICATION COMMITTEE, et al. 15 Defendants. [ECF 21] 17 Defendant R. Calvert has filed a Motion to Dismiss Plaintiff Frank Purpura’s Third Amended Complaint (“TAC”). (ECF 21.) Defendant argues Plaintiff’s TAC still fails to state a claim under the Eighth Amendment because it lacks sufficient allegations Defendant acted with deliberate indifference. (Id.) Plaintiff has filed an Opposition and Defendant a Reply. (ECF 23-24.) This Report and Recommendation is submitted to United States District Judge John A. Houston pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 72.1(c) of the United States District Court for the Southern District of California. For the reasons discussed below, IT IS RECOMMENDED that the Motion to…