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.: 20cv1688-JAH(BGS)
Plaintiff,
REPORT AND
v. RECOMMENDATION TO DENY
DEFENDANT’S MOTION TO
DOES MEMBERS OF THE INMATE
DISMISS [ECF 29]
CLASSIFICATION COMMITTEE, et al., 15 Defendants. 16 17 Presently before the Court is a Motion to Dismiss Fourth Amended Complaint filed by Defendant R. Calvert. (ECF 29.) Plaintiff filed an opposition to the motion. (ECF 34.) Defendant filed a reply. (ECF 36.) 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). For the reasons discussed below, IT IS RECOMMENDED that the Motion to Dismiss be DENIED. 25 26 27 28 I. BACKGROUND A. Procedural History Following the filing of the initial Complaint (ECF 1) and the Court’s pre-answer screening pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b), Plaintiff filed a First Amended Complaint (“FAC”).…