Villareal v. County of Fresno

Filing 146

ORDER ADOPTING 142 FINDINGS AND RECOMMENDATIONS signed by District Judge Dale A. Drozd on 02/25/2019. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ELAINE K. VILLAREAL,

12

Plaintiff,

13
14
15
16

v.

No. 1:15-cv-01410-DAD-EPG

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

COUNTY OF FRESNO and MARGARET
MIMS,

(Doc. Nos. 112, 142)

Defendants.

17
18

Plaintiff Elaine Villareal is a former prisoner proceeding in forma pauperis in this civil

19

rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds on plaintiff’s claims

20

against defendants County of Fresno and Margaret Mims based on conditions of confinement.

21

(Doc. No. 95.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.

22

§ 636(b)(1)(B) and Local Rule 302.

23

On June 1, 2018, defendants moved to dismiss the operative complaint. (Doc. No. 112.)

24

On January 30, 2019, the assigned magistrate judge issued findings and recommendations,

25

recommending that the motion to dismiss be granted in part and denied in part. (Doc. No. 142.)

26

The findings and recommendations were served on the parties and contained notice that any

27

objections were to be filed within fourteen days after service. (Id. at 13.) To date, neither party

28

has filed objections, and the time in which to do so has now passed.
1

1

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

2

court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

3

court finds the findings and recommendations to be supported by the record and proper analysis.

4

Accordingly,

5

1.

6
7

The findings and recommendations issued on January 30, 2019 (Doc. No. 142) are
adopted in full;

2.

Defendants’ motion to dismiss plaintiff’s first amended complaint (Doc. No. 112),

8

or alternatively to strike certain portions thereof, is granted in part and denied in

9

part, as follows:
a. This case will proceed on plaintiff’s conditions of confinement claim based on

10
11

the allegedly dilapidated and decaying condition of the Fresno County South

12

Annex Jail, including alleged conditions such as mold, fungus, crumbling

13

walls, exposed metal, (potentially) asbestos, and an insect infestation;

14

b. This case will also proceed on plaintiff’s conditions of confinement claim

15

based on the alleged lack of access to outdoor exercise;
c. Plaintiff’s conditions of confinement claim based on a lack of programming is

16
17

dismissed;
d. Plaintiff’s conditions of confinement claim based on a lack of contact visits is

18
19

dismissed; and
e. Defendant’s motion to dismiss or strike plaintiff’s request for punitive

20
21
22
23
24

damages is denied.
IT IS SO ORDERED.
Dated:

February 25, 2019
UNITED STATES DISTRICT JUDGE

25
26
27
28
2