Mencias

(PC) Garone v. Mencias

Good Law
United States District Court, Eastern District of CaliforniaDecember 16, 20242:22-cv-02310California5,586 words

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…

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