Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PHILIP JAMES ROGERS, No. 1:18-cv-0846 NONE JLT (PC)

ORDER ADOPTING FINDINGS AND

Plaintiff,

RECOMMENDATIONS TO:

(1) ALLOW PLAINTIFF TO PROCEED ON v. COGNIZABLE EIGHTH AMENDMENT

CLAIMS AGAINST DEFENDANTS;

RODRIGUEZ, et al., AND (2) DISMISS OFFICIAL CAPACITY Defendants. CLAIMS FOR DAMAGES WITH PREJUDICE (Doc. 14) 19 Plaintiff Philip James Rogers, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. In his complaint, plaintiff alleges as follows. On June 22, 2017, plaintiff was working in the kitchen at Kern Valley State Prison when Correctional Officer (“CO”) Rodriguez directed plaintiff to stack boxes of ice in the walk-in freezer. (Doc. No. 13 at ¶ 3.) …