Mencias
(PC) Garone v. Mencias
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISAIAH GARONE, No. 2:22-cv-2310 CSK P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
GLADYS MENCIAS, Defendant. 16 Plaintiff is a former pretrial detainee proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. § 1983. Defendant Gladys Mencias’s fully briefed motion to dismiss is before the Court. As discussed below, the Court recommends that defendant’s motion to dismiss be partially granted. I. PLAINTIFF’S ALLEGATIONS In his first amended complaint (“FAC”), plaintiff alleges that on June 8, 2022, while housed at the Rio Cosumnes Correctional Center (“RCCC”), plaintiff slipped and fell on a puddle of water leaking from a swamp cooler over his work area. (ECF No. 8 at 2.) Plaintiff asked to go see medical, but since that time, all he has been provided is Tylenol. Plaintiff is still in constant pain and asked repeatedly to be seen by an outside specialist, but his requests…