(PC) Warzek v. Valley State Prison

Good Law
United States District Court, Eastern District of CaliforniaMarch 27, 20231:20-cv-00027California23,030 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

11 MICHAEL WARZEK, 1:20-cv-00027-ADA-GSA-PC 12 Plaintiff, AMENDED FINDINGS AND vs. RECOMMENDATIONS, RECOMMENDING THAT DEFENDANTS’ RULE 12(b)(6) MOTION VALLEY STATE PRISON, et al., TO DISMISS BE GRANTED IN PART, WITHOUT LEAVE TO AMEND Defendants. (ECF No. 22.)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

18 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…

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