(PC) Morgan v. Valley State Prison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MATTHEW WILKE MORGAN, 1:20-cv-00029-ADA-GSA-PC

Plaintiffs, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

vs. RULE 12(b)(6) MOTION TO DISMISS BE

GRANTED IN PART, WITHOUT LEAVE

VALLEY STATE PRISON, et al., TO AMEND (ECF No. 30.) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

17 I. BACKGROUND Matthew Wilke Morgan (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On December 26, 2019, fifteen plaintiffs, including Plaintiff Matthew Wilke Morgan, filed a 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…