(PC) Zaiza v. Clark

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 JOSE ROBERTO ZAIZA, 1:19-cv-01476-DAD-GSA-PC

FINDINGS AND RECOMMENDATIONS,

Plaintiffs, RECOMMENDING THAT THIS CASE

PROCEED WITH PLAINTIFF’S CLAIMS

vs. AGAINST DEFENDANTS CLARK,

GALLAGER, AND BAUGHMAN FOR

CLARK, et al., INUFFICIENT ACCESS TO OUT-OF-

CELL EXERCISE IN VIOLATION OF

Defendants. THE EIGHTH AMENDMENT, AND

THAT ALL OTHER CLAIMS AND

DEFENDANTS BE DISMISSED FOR

FAILURE TO STATE A CLAIM

FOURTEEN-DAY DEADLINE TO FILE

OBJECTIONS

18 I. PROCEDURAL BACKGROUND Jose Roberto Zaiza (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on October 17, 2019. (ECF No. 1.) On September 28, 2020, the court dismissed the Complaint for failure to state a claim, with leave to amend. (ECF No. 10.) On October 21, 2020, Plaintiff…