The opinion of the court was delivered by: U.S. District Judge Dana M. Sabraw
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED.R.CIV.P.12(b) [ECF No. 98]
Howard Young ("Plaintiff"), a prisoner currently incarcerated at Kern Valley State Prison in Delano, California, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims his constitutional rights were violated when he was housed at Calipatria State Prison. The Court has conducted a number of sua sponte screenings pursuant to 28 U.S.C. §§ 1915(e)(2) & 1915A(b). The Court's final screening Order dismissed several claims and Defendants from Plaintiff's Fourth Amended Complaint ("FAC"). See Sept. 30, 2010 Order at 5-6. The Court then directed the United States Marshal to effect service of the FAC on the remaining Defendants. Id.
Defendants Ochoa, Rigney, Price, Small, Tapia and the California Department of Corrections and Rehabilitation ("CDCR") filed a Motion to Dismiss pursuant to FED.R.CIV.P. 12(b) and 12(b)(6) [ECF No. 98]. Plaintiff filed an Opposition to Defendants' Motion [ECF No. 108] . On April 25, 2011, Defendants Middleton and Janda filed a Joinder to the previous Motion to Dismiss to which Plaintiff filed an Objection [ECF Nos. 110, 111]. In light of Plaintiff's Objection, the Court granted Plaintiff leave to file a supplemental Opposition to address any arguments pertaining to Defendants Middleton and Janda. Plaintiff has filed his supplemental Opposition and all Defendants have filed their Reply [ECF Nos. 109, 115].
The Court has determined that Defendants' Motion is suitable for disposition upon the papers without oral argument and that no Report and Recommendation from Magistrate Judge Jan M. Adler is necessary. See S.D. CAL. CIVLR 7.1(d)(1), 72.3(e).
PLAINTIFF'S FACTUAL ALLEGATIONS
On May 21, 2009, while housed at Calipatria State Prison, Plaintiff was placed in Administrative Segregation ("Ad-Seg") by Defendants Janda, Criman, Middleton, Price, Tapia and Ochoa. (See FAC at 4.) While Plaintiff was in Ad-Seg, he was housed in a cell with constant illumination and denied outdoor exercise for a period of ten (10) months. (Id.) Plaintiff alleges that these Defendants knew of the conditions in Ad-Seg yet were deliberately indifferent to his health and safety. (Id.)
Plaintiff further alleges that Defendant Rigney placed him in a cell that had a "history of the toilet backflushing and overflowing." (Id. at 3A.) As a result of these conditions, Plaintiff claims that he contracted a "MRSA/Staph infection." (Id.) Plaintiff alleges that all of the named Defendants knew of the unsanitary conditions but refused to take any action to correct the problems. (Id.)
Finally, Plaintiff claims that he is a "Hebrew Israelite." (Id. at 4.) As such, Plaintiff claims he requires a kosher diet but instead, prison officials have only provided him with a religious vegetarian diet. (Id.) However, Plaintiff contends that this diet violates his religious beliefs. (Id.)
DEFENDANTS'MOTION TO DISMISS
A. FED.R.CIV.P. 12(b)(6) Standard ...