Sherman

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KYLE NARGIZ, 1:19-cv-01173-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE

vs. PROCEED AGAINST DEFENDANTS

SHERMAN AND MILAN FOR ADVERSE

STUART SHERMAN, et al., CONDITIONS OF CONFINEMENT UNDER

THE EIGHTH AMENDMENT, AND

Defendants. DISMISSING ALL OTHER CLAIMS (ECF No. 13.)

OBJECTIONS DUE WITHIN FOURTEEN (14)

DAYS

21 I. BACKGROUND Kyle Nargiz (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On August 28, 2019, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On August 31, 2020, the court issued an order dismissing the Complaint for failure to state a claim, with leave to amend. (ECF No. 12.) On October 1, 2020, Plaintiff filed the First Amended Complaint which is now before the court for screening. (ECF No. 13.) 28…