Sullivan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LIONEL LAMAR SHELL, No. 1:19-cv-00788-NONE-JLT (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. ACTION FOR FAILURE TO STATE A

COGNIZABLE FEDERAL CLAIM

W. J. SULLIVAN, et al., (Doc. No. 23) Defendants. 16 Plaintiff Lionel Lamar Shell is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. In his second amended complaint, plaintiff alleges a violation of the Eighth Amendment by prison officials by their deliberate indifference to his safety. (Doc. No. 21 at 3, 4, 11.) Specifically, plaintiff alleges that an unsafe building with a leaking roof was repurposed as a classroom for prisoners and that the building’s roof leak caused a light fixture to explode, resulting in a shard of glass injuring plaintiff’s wrist. (Id. at 8, 11–13.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and…