(PC) Davis v. State of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JEROME MARKIEL DAVIS, Case No. 1:18-cv-00832-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSAL OF

v. ACTION, WITH PREJUDICE, FOR FAILURE

TO PROSECUTE AND FAILURE TO OBEY

STATE OF CALIFORNIA, et al., COURT ORDER Defendants. (ECF No. 42) FOURTEEN (14) DAY DEADLINE 17 Plaintiff Jerome Markiel Davis (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Roberts in her individual capacity for deliberate indifference in violation of the Eighth Amendment, arising from the alleged incident of food tampering. For the reasons that follow, the Court recommends that this action be dismissed, with prejudice. I. Background On July 27, 2020, Defendant Roberts filed a motion for summary judgment. Fed. R. Civ. P. 56. (ECF No. 40.) …