(PC) Owens v. Defazio et al, No. 2:2016cv02750 - Document 75 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 03/19/18 ORDERING that Defendants' 37 Motion to Dismiss is GRANTED in part and DENIED in part as follows: GRANTED as to following claims: a) claim alleging defendants Byers and Rashev denied plaintiff food; b) conspiracy claim against defendant Staggs-Boatright; c) claim that defendant Okoroike denied plaintiff medical care in violation of the Eighth Amendment; d) claim alleging ver bal harassment by defendant Mercado;e) due process claim against defendant Couch; f) claim that defendant Eldridge violated due process by upholding alleged misconduct by defendant Couch; and DENIED as to the following claims: a) claim alleging d efendant Rashev used excessive force; b) failure to intervene claims against defendants Guffee and Matthews; c) claim alleging defendant Mercado denied plaintiff an ice pack; d) conspiracy claim against defendant Okoroike; e) conspiracy claim agai nst defendant Martineck; f) claims alleging due process violations by defendants Schultz and Eldridge based on alleged denial of request to call witnesses and present documentary evidence, and insufficient evidence to support disciplinary conviction. Defendants Rashev, Guffee, Matthews, Mercado, Okoroike, Martinick, Schultz and Eldridge to file an answer within 30 days. (Benson, A.)