King v. Calistro
Filing
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ORDER Denying Plaintiff's 15 Motion for Addition of California Department of Corrections and Rehabilitation as Defendant in this Action, signed by Magistrate Judge Stanley A. Boone on 10/30/15. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALTON KING,
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Plaintiff,
v.
CALISTRO,
Defendant.
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Case No.: 1:15-cv-00698-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR ADDITION OF CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILIATION AS DEFENDANT IN THIS
ACTION
[ECF No. 15]
Plaintiff Alton King is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On October 19, 2015, the Court found that Plaintiff stated a cognizable claim for relief against
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Defendant Calistro for deliberate indifference to a serious medical need and retaliation. (ECF No. 14.)
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The Court forwarded Plaintiff the necessary service of process forms for completion and return to the
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Court within thirty days. (Id.)
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On October 29, 2015, Plaintiff filed a motion to identify and service the California Department
of Corrections and Rehabilitation (CDCR) as a Defendant in this action.
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Although Plaintiff’s second amended does name the CDCR, the State of California’s CDCR
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and any state correctional agency under its jurisdiction are not persons subject to suit under § 1983.
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Hale v. State of Arizona, 993 F.2d 1387, 1398-1399 (9th Cir. 1993). See Alabama v. Pugh, 438 U.S.
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781, 782 (1978) (per curiam) (“There can be no doubt … that [a] suit against the State and its Board of
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Corrections is barred by the Eleventh Amendment, unless [the State] has consented to the filing of
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such suit.”). Because the Eleventh Amendment bars suit against California and its CDCR, there are no
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circumstances under which Plaintiff can pursue a claim against CDCR. Accordingly, Plaintiff’s
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motion to add the CDCR as a Defendant in this case is DENIED, and this action shall proceed against
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Defendant Calistro only.
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IT IS SO ORDERED.
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Dated:
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October 30, 2015
UNITED STATES MAGISTRATE JUDGE
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