Burton

(PC) Bennett v. Burton

Good Law
United States District Court, Eastern District of CaliforniaOctober 3, 20232:21-cv-01340California2,682 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN BENNETT, No. 2:21-cv-1340 WBS KJN P Plaintiff, v. ORDER BURTON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, with a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff’s second amended complaint is before the court. As discussed below, plaintiff has stated potentially cognizable Eighth Amendment claims as to defendants Garcia and Moreno, and such defendants are directed to file a responsive pleading within thirty days. Background On April 18, 2023, it was recommended that defendants’ motion for judgment on the pleadings be granted, and plaintiff be granted 30 days to file a second amended complaint. (ECF No. 64.) On May 17, 2023, plaintiff filed a second amended complaint. (ECF No. 67.) On May 22, 2023, defendants filed a request for screening order. (ECF No. 68.) On June 29, 2023, the district court adopted the findings and recommendations in full and 27 …

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