Allen
(PC) Foust v. Allen
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARL FOUST, No. 2:23-CV-0179-DAD-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ALLEN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s original complaint, ECF No. 1. On July 25, 2023, the Court issued an order addressing the sufficiency of Plaintiff’s complaint. See ECF No. 10. The Court determined that Plaintiff’s complaint states cognizable Eighth Amendment excessive force claims against Defendants Godinez, Perez, and Strange arising from an incident which appears to have occurred at Salinas Valley State Prison. See id. The Court also determined that Plaintiff’s remaining claims related to the conditions of confinement, being placed in an MRI machine, medical care, and retaliation, as well as Plaintiff’s claim against the prison warden, Defendant Allen, are insufficient to…