Foss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAUWAI FARHA, No. 2:20-cv-2206 KJM KJN P Plaintiff, v. ORDER FOSS, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and is proceeding in forma pauperis. Defendants’ motion to partially dismiss plaintiff’s amended complaint is before the court. As discussed below, defendants’ motion is granted, but plaintiff is granted leave to file a second amended complaint. Plaintiff’s Amended Complaint Plaintiff alleges that from November 2015, to August 18, 2016, while housed at High Desert State Prison (“HDSP”), he was subjected to unsanitary living conditions by “leakage from upstairs shower in C-Section and the chase next to it with sewage water and hazardous waste” that ran to plaintiff’s cell by the toilet panel, stunk, and required that plaintiff, who at the time was confined to a wheelchair, constantly clean it up. (ECF No. 13…