Montejo

(PC) Stephen v. Montejo

Good Law
United States District Court, Eastern District of CaliforniaApril 2, 20202:18-cv-01796California3,178 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMIE STEPHEN, No. 2:18-cv-1796 KJM DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

E. MONTEJO, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under 42 U.S.C. § 1983. Plaintiff alleges defendant was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. Before the court are plaintiff’s motions to amend the second amended complaint, for preliminary injunctive relief, and for sanctions. For the reasons set forth below, this court will grant plaintiff’s motion to amend and deny his motion for sanctions. In addition, this court will recommend plaintiff’s claims against defendants Shute and Dhillon in the third amended complaint be dismissed and his motion for preliminary injunctive relief be denied. BACKGROUND Plaintiff is an inmate at the California Medical Facility (“CMF”). He filed…

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