Fleming

DISCUSSION

I. Relevant Procedural Background

23 On November 8, 2022, the Court screened the first amended complaint. The Court found 24 that the first amended complaint stated the following cognizable claims: (1) defendants Health 25 Services Administrator Park and FCI-Dublin warden Jusino violated the Eighth Amendment’s 26 prohibition on deliberate indifference to inmate health and safety when they failed to remove 27 Plaintiff from FCI-Dublin despite knowing that the conditions at FCI-Dublin – mold, asbestos and bird feces contamination – were exacerbating Plaintiff’s respiratory issues and placing her at risk for a fatal asthma attack; and (2) defendant Jusino violated the First Amendment’s prohibition on retaliation for engaging in protected conduct when she denied Plaintiff’s request to be released to home imprisonment pursuant to the CARES Act in retaliation for Plaintiff meeting with the United States Attorney’s Office and the FBI regarding sexual assaults at FCI-Dublin. ECF No. 15 at 5. The Court dismissed the first amended complaint’s remaining claims regarding denial of correspondence, denial of access to the courts, and FOIA…