Carter

(PC) Israel v. Carter

Good Law
United States District Court, Eastern District of CaliforniaSeptember 20, 20212:21-cv-01267California2,084 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AKIVA A. ISRAEL, No. 2: 21-cv-1267 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

RUBY CARTER, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. Pending before the court is plaintiff’s amended complaint. (ECF No. 7.) For the reasons stated herein, the undersigned recommends dismissal of all claims and defendants in the amended complaint, except for the Eighth Amendment claim against defendant Carter. The undersigned separately orders service of defendant Carter as to the Eighth Amendment claim. Eighth Amendment Claims Legal Standard The Eighth Amendment prohibits cruel and unusual punishment of a convicted prisoner. See Whitley v. Albers, 475 U.S. 312, 318–19 (1986). Prison officials are required to provide inmates with adequate medical care and the failure to do so can constitute an Eighth Amendment violation. See Estelle v. Gamble, 429 U.S. 97, 103–05…

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