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Howard Scott v. M. Mcdonald

March 12, 2013

HOWARD SCOTT, PLAINTIFF,
v.
M. MCDONALD, ET AL., DEFENDANTS.



ORDER AND FINDINGS AND RECOMMENDATIONS

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. The defendants move to dismiss for failure to exhaust administrative remedies. Dckt. No. 90. For the following reasons, the motion should be granted in part.

I. Background

This action proceeds on the second amended complaint filed September 21, 2010. Dckt. No. 35. On April 7, 2011, the court issued a screening order under 28 U.S.C. § 1915A concluding that plaintiff stated the following potentially cognizable claims:

1. Against defendants Sharrb, Cooper, Oatman, and Nelson for violating the ADA by

a. refusing to feed plaintiff in his cell; and

b. refusing to provide plaintiff with a person to assist him in walking to the dining hall.

2. Against defendant Medina for violating the Eighth Amendment by

a. stopping plaintiff's heart and seizure medication; and

b. ordering subordinates to confiscate plaintiff's mobility vest and cane.

3. Against defendant Betty for violating the Eighth Amendment by

a. failing to protect plaintiff from a water leak in his cell and refusing to help plaintiff obtain medical attention when he slipped on leaked water; and

b. moving plaintiff to a cell on the second tier.

4. Against defendant Barron for violating the Eighth Amendment by

a. moving plaintiff to a cell on the second tier; and

b. slamming plaintiff into the wall when plaintiff objected to the second tier cell.

Dckt. No. 36 at 2.

Defendants argue that plaintiff has failed to properly ...


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