Auld

(PC) Smith v. Auld

Good Law
United States District Court, Eastern District of CaliforniaSeptember 16, 20212:21-cv-01379California1,203 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL SHANE SMITH, No. 2:21-cv-1379 JAM KJN P Plaintiff, v. ORDER AULD, et al., Defendant. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. On August 24, 2021, the undersigned recommended this action be dismissed. Plaintiff filed objections, seeking leave to amend and explaining that he was not quarantined to prevent the spread of COVID-19. He claims defendants acted with deliberate indifference by housing him in a gym, bunks side by side, two feet apart, and mattresses on the floor because there was not enough bed space. He alleges the unit was never disinfected, and the only cleaning supply provided was one bar of soap. (ECF No. 15.) In his original complaint, plaintiff alleged that he was quarantined too long and that his rights under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) were violated. Plaintiff now…

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