Johnson v. Scalia et al

Filing 17

ORDER adopting 15 FINDINGS AND RECOMMENDATIONS, dismissing certain claims with leave to amended signed by District Judge Dale A. Drozd on 10/5/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL JOHNSON,

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Plaintiff,

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v.

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J. SCALIA, et al.,

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No. 1: 18-cv-00061-DAD-JDP

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
CERTAIN CLAIMS WITH LEAVE TO
AMEND
Defendants.
(Doc. No. 15)

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Plaintiff Carl Johnson (“plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred

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to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 11, 2018, the assigned magistrate judge issued findings and recommendations,

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recommending that plaintiff be allowed to proceed on claims under the Eighth Amendment

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against defendants J. Scalia, A. Fritz, B. Hackworth, A. Aranda, J. Campos, and two Doe

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defendants for providing him unsanitary conditions of confinement, and against two Doe

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defendants for delaying medical treatment for plaintiff’s serious medical needs. (Doc. No. 15.)

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The magistrate judge recommended that the remainder of plaintiff’s claims be dismissed with

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leave to amend. (Id. at 1, 8-9, 10.) The findings and recommendations were served on plaintiff

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and contained notice that any objections thereto were to be filed within twenty-one (21) days after
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service. (Id. at 10.) On July 27, 2018, plaintiff filed objections to the findings and

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recommendations. (Doc. No. 16.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and by proper analysis.

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In his objections, plaintiff argues that the findings and recommendations fail to recognize

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his claims against defendants Scalia, Fritz, Hackworth, and two Doe defendants for denial of

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medical treatment. (Doc. No. 16 at 2.) Plaintiff relies on his allegations in paragraphs 1-39 of the

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complaint and argues that defendants knew that they were exposing him to a substantial risk of

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serious harm when they served his meals in unsanitary conditions. (Id.) As discussed in the

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findings and recommendations, plaintiff has sufficiently pled Eighth Amendment conditions of

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confinement claims against defendants Scalia, Fritz, Hackworth, and two Doe defendants for

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subjecting him to unsanitary conditions that allegedly resulted in plaintiff’s severe abdominal

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pain. (See Doc. No. 15 at 7.) To the extent that plaintiff intends to state a deliberate indifference

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claim for denial of medical treatment against the prison staff members who distributed his meals,

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he may only do so if he is able to allege facts in an amended complaint supporting a claim that

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those defendants knew of his severe abdominal pain but did nothing to assist him in obtaining

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medical treatment for that condition. (See id. at 8.)

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Accordingly,

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1.

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The findings and recommendations issued on July 11, 2018 (Doc. No. 15) are
adopted in full;

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This action shall proceed on two sets of plaintiff’s claims:
a.

Plaintiff’s conditions of confinement in violation of the Eighth

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Amendment claim against defendants J. Scalia, A. Fritz, B. Hackworth, A.

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Aranda, J. Campos, and two Doe defendants;

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b.

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Plaintiff’s claim of deliberate indifference to his serious medical needs in
violation of the Eighth Amendment against the two Doe defendants;

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All other claims are dismissed with leave to amend; and
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4.

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This matter is referred back to the assigned magistrate judge for further
proceedings consistent with this order.

IT IS SO ORDERED.
Dated:

October 5, 2018
UNITED STATES DISTRICT JUDGE

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