Romero

(PC) Barth v. Romero

Good Law
United States District Court, Eastern District of CaliforniaOctober 26, 20212:19-cv-00891California505 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN DAMON BARTH, No. 2:19-CV-0891-JAM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ROMERO, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On March 23, 2021, the Court issued an order addressing the sufficiency of Plaintiff’s second amended complaint. See ECF No. 22. The Court concluded Plaintiff states a cognizable Eighth Amendment medical care claim against Defendant Mey based on denial of a breathing treatment in October 2018. See id. at 14. The Court found that Plaintiff’s second amended complaint otherwise failed to state any cognizable claims against any other named defendant. See id. Plaintiff was provided an opportunity to file a third amended complaint within 30 days and informed that, if no third amended complaint was filed within the time allowed therefor, the action would proceed on the second amended…

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