Opinion
1:18-cv-01477-AWI-BAM (PC)
12-20-2021
LACEDRIC WILLIAM JOHNSON, Plaintiff, v. FRAUENHEIM, et al., Defendants.
ORDER DIRECTING DEFENDANTS TO FILE RESPONSIVE PLEADING
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE.
Plaintiff LaCedric William Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983.
On November 10, 2021, the Court screened the first amended complaint and issued findings and recommendations that this action proceed on the following cognizable claims: (1) for excessive force against Defendants Correctional Officer M. Santos, Correctional Officer W. Leon, Correctional Sergeant J. Benavides, Correctional Officer S. Espinoza, Correctional Officer J. Hill, Correctional Officer A. Salas, Correctional Officer G. Luna, Correctional Officer S. Lopez, Correctional Officer C. Kennedy, Correctional Officer J. Bejinez, and Correctional Officer E. Trinidad; (2) for violation of Plaintiff's First Amendment right to free exercise of religion against Defendants Correctional Officer A. Salas, Correctional Officer J. Bejinez, Correctional Officer E. Trinidad, and Correctional Officer S. Deshazo; (3) for unconstitutional conditions of confinement against Defendants Correctional Officer S. Deshazo, Correctional Officer J. Bejinez, Correctional Officer E. Trinidad, and Correctional Sergeant J. Benavides; (4) for deliberate indifference to serious medical needs against Defendants Correctional Officer J. Bejinez, Correctional Officer S. Deshazo, and Correctional Officer E. Trinidad; and (5) for failure to intervene against Defendants Correctional Officer S. Espinoza, Correctional Officer G. Luna, Correctional Officer W. Leon, and Correctional Officer R. Newton. (ECF No. 48.) The undersigned further recommended that all other claims and defendants be dismissed, with prejudice, based on Plaintiff's failure to state claims upon which relief may be granted. (Id. at 26.)
Plaintiff filed objections on November 16, 2021, and on December 17, 2021, the assigned District Judge adopted the findings and recommendations in full. (ECF No. 51).
This action now proceeds against Defendants Santos, Leon, Benavides, Espinoza, Hill, Salas, Luna, Lopez, Kennedy, Bejinez, Trinidad, Deshazo, and Newton as stated above.
Accordingly, IT IS HEREBY ORDERED that Defendants' response to the first amended complaint, filed September 27, 2021, is due within forty-five (45) days from the date of service of this order.
IT IS SO ORDERED.