(PC) Villareal v. County of Fresno

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 ELAINE K. VILLAREAL, Case No. 1:15-cv-01410-DAD-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING THAT DEFENDANTS’

v. MOTION FOR SUMMARY JUGDMENT BE

GRANTED IN PART AND DENIED IN PART

COUNTY OF FRESNO and MARGARET MIMS, (ECF No. 189)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN TWENTY-ONE DAYS

15 I. INTRODUCTION Elaine Villareal (“Plaintiff”) is a former prisoner proceeding in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case proceeds against defendant County of Fresno and defendant Mims “on plaintiff’s conditions of confinement claim based on the allegedly dilapidated and decaying condition of the Fresno County South Annex Jail, including alleged conditions such as mold, fungus, crumbling walls, exposed metal, (potentially) asbestos, and an insect infestation,” and on Plaintiff’s “conditions of confinement claim based on the alleged lack of access to outdoor exercise.” (ECF No.…