(PC) Allen v. California Department of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN ALDON ALLEN, ) Case No.: 1:23-cv-0213 JLT SAB (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, AND DISMISSING v. ) ACTION FOR FAILURE TO STATE A ) CALIFORNIA DEPARTMENT OF ) COGNIZABLE CLAIM FOR RELIEF CORRECTIONS, et al., ) ) (Doc. 11) Defendants. ) ) )

John Aldon Allen asserts that he suffered civil rights violations during the course of his confinement and seeks to hold the defendants liable for violations of the Eighth Amendment and “CDCR Title 15” after he contracted COVID-19. (See generally Doc. 10.) The magistrate judge found Plaintiff failed to state a cognizable claim. (Doc. 11.) The magistrate judge observed that “[i]t is clear that COVID-19 poses a substantial risk of serious harm.” (Id. at 7, citing Plata v. Newsom, 445 F.Supp.3d 557, 559 (N.D. Cal. Apr. 17, 2020).) However, the magistrate judge observed…