Akabike

(PC) Quezada v. Akabike

Good Law
United States District Court, Eastern District of CaliforniaFebruary 6, 20201:18-cv-00797California833 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALVARO QUEZADA, Case No. 1:18-cv-00797-DAD-JLT (PC)

Plaintiff, ORDER WITHDRAWING FINDINGS

AND RECOMMENDATIONS AND

v. DIRECTING PLAINTIFF TO FILE A

THIRD AMENDED COMPLAINT

SHERMAN, et al., (Doc. 23) Defendants. 21-DAY DEADLINE 16 On November 18, 2019, the Court issued findings and recommendations to dismiss this action for failure to state a claim on which relief can be granted. (Doc. 23.) Plaintiff filed objections to the findings and recommendations on January 10, 2020. (Doc. 26.) In his objections, Plaintiff provides additional factual allegations related to his deliberate indifference and retaliation claims. For example, he alleges that a defendant had firsthand knowledge of Plaintiff’s medical condition or disability, given that he observed Plaintiff struggling to walk and being assisted by his cellmate on a daily basis. (Id. at 19.) This allegation, coupled with Plaintiff’s fall on the morning of June 28, 2017,…

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