Cockcroft v. Kirkland

ORDER GRANTING IN LIMITED PART DEFENDANTS’ MOTION TO DISMISS

MARILYN HALL PATEL, District Judge.

INTRODUCTION

Peter T. Cockcroft, formerly an inmate at Pelican Bay State Prison, filed this pro se civil rights action under 42 U.S.C. § 1983. Defendants have moved to dismiss the action under Federal Rule of Civil Procedure 12(b) and 12(b)(6). Cockcroft has opposed the motion. The motion will be granted in part and denied in part. The case also will be referred for appointment of counsel.

BACKGROUND

Plaintiffs amended complaint is the operative pleading and alleged the following: Cockcroft was housed…