Bentacourt

(PC) Allen v. Bentacourt

Good Law
United States District Court, Eastern District of CaliforniaNovember 25, 20201:18-cv-01187California726 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN ALLEN, No. 1:18-cv-01187-NONE-GSA (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND ORDER

v. DISMISSING CASE WITH PREJUDICE V. BENTACOURT, et al., (Doc. Nos. 28, 35) Defendants. 16 Plaintiff Kevin Allen, a state prisoner, proceeding pro se and in forma pauperis in this civil rights action, 42 U.S.C. § 1983, against prison officials at Kern Valley State Prison for alleged violation of his Eighth Amendment rights. (Doc. Nos. 1; 13 at 1–2, 4.) Plaintiff claims that defendants were deliberately indifferent to his exposure to the raw sewage in his cell for seven days when his toilet was broken. (Doc. No. 13 at 6–16.) After screening plaintiff’s first amended complaint pursuant to 28 U.S.C. § 1915A(a), the court dismissed plaintiff’s Eighth Amendment claims for failure to state sufficient facts but granted him leave to amend to attempt to cure the deficiencies noted. (Doc. Nos. 15, 20,…

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