Orozco
(PC) Howze v. Orozco
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 J.L. HOWZE, No. 2:16-cv-1738 JAM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS A.B. OROZCO, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983, has filed a motion to amend the first amended complaint. ECF No. 71. Defendants oppose plaintiff’s motion. ECF Nos. 75, 76. I. Background Plaintiff initiated this action on July 25, 2016, ECF No. 1, and filed the operative first amended complaint (FAC) on May 23, 2017. ECF No. 11. Plaintiff’s FAC alleged that defendants Orozco, Grout, Neuschmid, and Sahota are liable under the Eighth Amendment for deliberate indifference to plaintiff’s serious medical needs. Plaintiff further alleged violations of the ADA and the Due Process Clause of the Fourteenth Amendment, and also brought a state tort claim for fraud. Plaintiff stated in his FAC that he suffers from benign prostatic…