(PC) Warzek v. Valley State Prison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
11 MICHAEL WARZEK, 1:20-cv-00027-ADA-GSA-PC 12 Plaintiff, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT DEFENDANTS’ vs. RULE 12(b)(6) MOTION TO DISMISS BE GRANTED IN PART, WITH LEAVE TO VALLEY STATE PRISON, et al., AMEND (ECF No. 22.) Defendants. OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN (14) DAYS
22 I. BACKGROUND Plaintiff Michael Warzek is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. On December 26, 2019, fifteen plaintiffs, including Plaintiff Michael Warzek, filed the Complaint commencing this action against Valley State Prison (VSP), et al., for subjecting them to adverse conditions of confinement in violation of the Eighth Amendment by serving substandard food in Kosher meals at VSP. (ECF No. 2.) On January 7, 2020, the court issued an order severing the fifteen plaintiffs’ claims and opening new cases for individual…