Chenalo
(PC) Thomas v. Chenalo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERT EUGENE THOMAS, Case No. 1:19-cv-01185-AWI-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
PERMIT PLAINTIFF TO PROCEED ONLY
v. ON COGNIZABLE EIGHTH AMENDMENT
CLAIM1
CAPTAIN CHENALO, C/O GUERRA, C/O SALAS, C/O MEDINA, C/O # (Doc. No. 20) THIRD WATCH, C/O FLOREZ AND
PROGRAM SGT. PADILLA,
16 Defendants. 17 Plaintiff Albert Thomas is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff is proceeding on his Second Amended Complaint filed August 30, 2021. (Doc. No. 20, “SAC”). As more fully set forth below, the undersigned finds the SAC states a cognizable claim for an Eighth Amendment violation against defendants Flores, Salas, Medina, and C/O #1 Third Watch for subjecting Plaintiff to unconstitutional conditions of conferment but no other claims and recommends that Plaintiff be permitted to proceed only on his cognizable claim and all other defendants and…