(PC) Johnson v. PTS of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JACK JOHNSON III, Case No. 1:18-cv-0434-NONE-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DENY DEFENDANT PTS OF AMERICA,

v. LLC’S MOTION TO DISMISS

PTS OF AMERICA, LLC, et al., (Doc. 25) Defendants.

FOURTEEN-DAY DEADLINE

16 Plaintiff proceeds in this civil rights action pursuant to 42 U.S.C. § 1983, against defendants Melvin Moore, Elinore Sawyer, John Doe, and PTS of America, LLC (“PTSA”) on claims that arose while he was a pretrial detainee. Relevant here, plaintiff brings a Fourteenth Amendment conditions of confinement claim and state law claims for negligence and intentional infliction of emotional distress against PTSA. This defendant now moves to dismiss all claims asserted against it pursuant to Federal Rule of Civil Procedure 12(b)(6) on the ground that plaintiff failed to allege in the pleading that he exhausted his administrative remedies prior to filing suit. For the reasons set forth below, the Court will recommend…