Saipher
(PC) Perkins v. Saipher
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALVIN PERKINS, No. 2:19-CV-2096-TLN-CKD P Plaintiff, v. ORDER MARSHALL SAIPHER, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On April 3, 2020, the court issued Findings and Recommendations that plaintiff’s complaint be dismissed for failing to state a claim. The order explained that plaintiff’s complaint was construed as a challenge to the conditions of his confinement. Based on plaintiff’s objections, however, the court vacated its Findings and Recommendations on April 29, 2020 and dismissed plaintiff’s complaint with leave to amend. ECF No. 10. In so doing, the court provided plaintiff with the requisite legal standard for an Eighth Amendment deliberate indifference claim. On May 4, 2020 plaintiff filed a first amended complaint which is now before the court for screening. ECF No. 11. ///// 27 1 The filing…