Foss

(PC) Farha v. Foss

Good Law
United States District Court, Eastern District of CaliforniaApril 21, 20232:20-cv-02206California3,026 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAUWAI FARHA, No. 2:20-cv-2206 KJM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

T. FOSS, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, in an action brought under 42 U.S.C. § 1983. On October 20, 2022, the court dismissed plaintiff’s second amended complaint with leave to amend. On January 23, 2023, plaintiff filed a third amended complaint. Subsequently, defendants Frailey and Johnson filed a request that the court screen the pleading and extend their time to respond. Defendants’ request for screening and extension of time are granted; as discussed below, the undersigned finds plaintiff stated potentially cognizable claims as to defendants J. Frailey, M. Johnson, T. Foss, and H. Wagner, but finds plaintiff’s remaining claims fail and should be dismissed without further leave to amend. Operative Pleading Plaintiff has physical impairments and is…

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