Matevousian

(BIVENS) Hodges v. Matevousian

Good Law
United States District Court, Eastern District of CaliforniaOctober 29, 20191:18-cv-00790California3,879 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MELVIN HODGES, Case No. 1:18-cv-00790-AWI-EPG-PC

Plaintiff, FINDINGS AND RECOMMENDATION TO

GRANT DEFENDANTS’ MOTION TO

v. DISMISS IN PART

ANDRE MATEVOUSIAN, et al., (ECF No. 17)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

15 Melvin Hodges (“Plaintiff”) is a federal prisoner proceeding pro se with this civil rights action pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Before the Court is Defendants’ motion to dismiss the Complaint. For the reasons described below, the undersigned recommends that the motion to dismiss be granted in part, Plaintiff’s claim for damages under Bivens for unconstitutional conditions of confinement be dismissed with prejudice, and this case proceed on Plaintiff’s request for injunctive relief. I. BACKGROUND Plaintiff filed the Complaint commencing this action on June 8, 2018. (ECF No. 1). On November 28, 2018, the Court screened the Complaint and found it…

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