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Ekene v. Cash

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Jun 7, 2013
Case No. CV11-9318-DDP (DTB) (C.D. Cal. Jun. 7, 2013)

Summary

denying defendant's motion to dismiss where prisoner was denied "shower or out-of-cell exercise for [three months]"

Summary of this case from Harris v. Barone

Opinion

Case No. CV11-9318-DDP (DTB)

06-07-2013

LINUS EKENE, Plaintiff, v. B. M. CASH, Warden, et al., Defendants.


ORDER ACCEPTING FINDINGS,

CONCLUSIONS AND

RECOMMENDATIONS OF UNITED

STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed herein. The Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge.

IT THEREFORE IS ORDERED that defendant's Motion to Dismiss plaintiff's Eighth Amendment claim relating the deprivation of a shower and yard access for three months is denied; that defendant's Motion to Dismiss plaintiff's Eighth Amendment claim relating to the denial of medical care for failure to exhaust administrative remedies is granted without leave to amend; and that defendant is ordered to serve and file an Answer addressing the merits of the Complaint within 30 days of the date of this Order.

______________

DEAN D. PREGERSON

UNITED STATES DISTRICT JUDGE


Summaries of

Ekene v. Cash

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Jun 7, 2013
Case No. CV11-9318-DDP (DTB) (C.D. Cal. Jun. 7, 2013)

denying defendant's motion to dismiss where prisoner was denied "shower or out-of-cell exercise for [three months]"

Summary of this case from Harris v. Barone

explaining that jury could find that defendant acted with deliberate indifference where plaintiff, who was denied a shower and yard privileges for three months, advised defendant that he was suffering rashes but defendant declined to take any action.

Summary of this case from Harris v. Barone
Case details for

Ekene v. Cash

Case Details

Full title:LINUS EKENE, Plaintiff, v. B. M. CASH, Warden, et al., Defendants.

Court:UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Jun 7, 2013

Citations

Case No. CV11-9318-DDP (DTB) (C.D. Cal. Jun. 7, 2013)

Citing Cases

Harris v. Barone

To prove his Eighth Amendment claim, Plaintiff must show that Defendants acted with deliberate indifference,…

Harris v. Barone

Eighty-two days without access to the showers, however, is certainly pushing the boundaries of what courts…