(PC) Richardson v. Allison et al, No. 1:2021cv00070 - Document 16 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 14 Findings and Recommendations and DISMISSING Complaint for Failure to State a Claim signed by District Judge Jennifer L. Thurston on 6/8/2022. CASE CLOSED. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ASALI M. RICHARDSON, 12 Plaintiff, 13 v. 14 ALLISON, et al., 15 Defendants. 16 Case No. 1:21-cv-00070-JLT-BAK (GSA) (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM (Doc. 14) Clerk of Court to close the case. 17 18 Asali M. Richardson filed a complaint alleging that Defendants violated her Eighth 19 Amendment rights by ignoring her CDCR 602 inmate grievances related to COVID-19, her placement 20 in a “high risk” medical category, and treatment for an unrelated heart condition. (Doc. 1.) 21 Upon screening the complaint, the assigned magistrate judge determined that Plaintiff failed 22 to state an Eighth Amendment claim based on any defendant’s medical indifference to Plaintiff’s 23 exposure to and contraction of COVID, and that the deficiencies in the complaint could not be cured 24 by amendment. (Doc. 14.) The Court issued findings and recommendations to dismiss the complaint 25 for failure to state a claim upon which relief may be granted. (Id.) The Court advised that any party 26 could file written objections to the findings and recommendations within fourteen days. (Id. at 4.) 27 More than fourteen days have passed since service of the findings and recommendations, and no 28 party has filed objections. 1 According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this 2 case. Having carefully reviewed the entire file, the Court finds the findings and recommendations 3 to be supported by the record and proper analysis. Thus, the Court ORDERS that: 4 5 6 7 8 1. The findings and recommendations issued on May 4, 2022, (Doc. 14), are adopted 2. This action is DISMISSED for failure to state a claim upon which relief can be in full. granted; and 3. The Clerk of Court is directed to close the case. 9 10 11 IT IS SO ORDERED. Dated: June 8, 2022 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.