Roettgen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOHN ROETTGEN, Case No.: 21cv1285-JO (BLM)

CDCR # V-05142,

ORDER GRANTING

Plaintiff, MOTION TO DISMISS v.

D. PARAMO, et al.,

15 Defendants. 16 17 I. BACKGROUND Plaintiff John Roettgen, a state prisoner proceeding pro se and in forma pauperis, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff alleges that while housed at the Richard J. Donovan Correctional Facility (“RJD”), in San Diego, California, Defendants planted a weapon in his cell in retaliation for complaining of inmate abuse by guards, denied him due process in the ensuing disciplinary proceedings, and conspired to violate his due process rights. (Id. at 11-24, 28-29.) Defendants Daniel Paramo, E. Garcia, T. McWay, C. Covel, and V. Cortes, five of the nine Defendants named in the complaint, filed a motion to dismiss the due process and conspiracy claims pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No.…