The opinion of the court was delivered by: The Honorable Jay C. Gandhi, United States Magistrate Judge
Present: The Honorable Jay C. Gandhi, United States Magistrate Judge
Beatriz Martinez None Appearing
Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendants:
None Appearing None Appearing Proceedings: (IN CHAMBERS) ORDER DISMISSING COMPLAINT
WITH LEAVE TO FILE A FIRST AMENDED COMPLAINT
On July 12, 2012, plaintiff Christopher M. Wilson ("Plaintiff"), proceeding pro se, filed a civil rights complaint ("Complaint") pursuant to 42 U.S.C. § 1983. The Complaint alleges deliberate indifference, negligence, infliction of emotional distress, and equal protection claims against three defendants: J. Newton ("Newton"); D. Curry ("Curry"); and L. Rampenthal ("Rampenthal") (collectively, "Defendants"). (Compl. at 6.) Each defendant is sued in his or her individual capacity alone. (Id.)
As currently pled, the Complaint warrants dismissal, but Plaintiff is afforded leave to amend.
Allegations of the Complaint
Plaintiff alleges that in October 2011, prison officials informed him that he was to be involuntarily transferred from California Men's Colony Prison ("CMC") to Wasco State Prison ("WSP"). (Compl. at 12.) Although Plaintiff told Defendants that he feared for his safety at WSP, Defendants insisted that the transfer was mandatory. (Id. at 13-14.) Plaintiff transferred to WSP in December 2011. (Id.)
Less than two weeks after his transfer, Plaintiff was assaulted by two inmates "because [he] came from California Men's Colony." (Id. at 15.) Plaintiff thereafter requested transfer to another facility or, alternatively, to remain in administrative segregation, but prison officials denied both requests. (Id. at 18-20.)
Based on the above allegations, Plaintiff advances four claims against Defendants. In his first claim for relief, Plaintiff alleges that Defendants were deliberately indifferent to his safety in violation of the Eighth Amendment. (Id. at 22.)
In his second and third claims for relief, Plaintiff alleges that Defendants were negligent in transferring Plaintiff without concern for his physical safety, and that Defendants' conduct caused him mental distress. (Id. at 22, 31-32.)
Finally, Plaintiff's fourth claim for relief purports that Defendants violated his rights to "Equal Protection . . . [and] ...