Opinion
1:22-cv-0539-ADA-SAB (PC)
06-07-2023
LEON LEE MEYERS, Plaintiff, v. SCOTT KERNAN, et al., Defendants.
AMENDED ORDER ADOPTING FINDINGS AND RECOMMENDATIONS
(ECF NOS. 30, 33)
Leon Lee Meyers (“Plaintiff”), a state prisoner, is proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983.
On June 2, 2023, the Findings and Recommendations issued on January 26, 2023, were adopted in full. (ECF No. 33.) The Court's June 2, 2023, order inadvertently noted that Plaintiff stated a cognizable conditions of confinement claim for exposure to COVID-19 against Defendants Espitia, Magdaleno, Nitescu, Ledbetter, and Contreras. (ECF No. 33, at 1, 3.) However, the Findings and Recommendations found that Plaintiff stated a cognizable conditions of confinement for exposure to COVID-19 against only Defendants Espitia, Magdaleno, and Nitescu. As stated in the Court's June 2, 2023, order, after de novo review the Findings and Recommendations are supported by the record and by the proper analysis. (ECF No. 33 at 2.)
Accordingly, 1. The Court's June 2, 2023, is AMENDED to reflect that Plaintiff states a cognizable conditions of confinement claim for exposure to COVID-19 against Defendants Espitia, Magdaleno, and Nitescu; and
2. Defendants Contreras and Ledbetter should be dismissed from the action for failure to state a cognizable claim for relief.
IT IS SO ORDERED.