United States District Court, Central District of California
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND
SHERI PYM, States Magistrate Judge.
On August 19, 2014, plaintiff Willie Marshall Fant, a California state prisoner proceeding pro se and in forma pauperis, filed a civil rights complaint in this court pursuant to 42 U.S.C. § 1983. Plaintiff alleges his rights under the Eighth Amendment were violated when he was served with food infested with insects while he was housed at the California Rehabilitation Center in Norco (“CRC-Norco”). The complaint names the following CRC-Norco employees as defendants: E. Quiles, Food Manager I; Jones, Assistant Food Manager; and Cynthia Tampkins, Warden.
After careful review and consideration of the allegations of the complaint under the relevant standards, the court finds for the reasons discussed hereafter that the complaint fails to state a claim against any of the named defendants. Accordingly, the court finds the complaint subject to dismissal, but grants plaintiff leave to amend, as discussed below.
II. ALLEGATIONS OF THE COMPLAINT
On September 29, 2011, during the evening meal at CRC-Norco, plaintiff discovered a large black roach, not intact, causing plaintiff to feel nauseated. Plaintiff discussed this with prison staff, as did another inmate who found a large roach leg in his food. Plaintiff put the roach he found in a ziploc bag and submitted it with a grievance on September 30, 2011.
Plaintiff’s grievance was heard by defendant Jones in October 2011. Defendant Jones assured plaintiff an exterminator was on the grounds and would be spraying every Tuesday. Plaintiff was called into committee that month and told by Captain Water at the end of the meeting that his name had been coming up concerning the issue and he better lay low. Plaintiff was not called back again about the issue. In June 2012 plaintiff inquired of defendant Jones concerning the issue, and Jones told plaintiff it was in process and they would get it to him.
On July 12, 2012, plaintiff found a swarm of ants on his breakfast tray in the CRC-Norco dining hall. Plaintiff showed the ants to a correctional officer, who had the tray replaced and collected. Plaintiff was told defendant Jones would call him in as soon as possible, but plaintiff was not called in.
On September 25, 2013, plaintiff discovered swarming ants in his dinner. Plaintiff reported this to correctional officers and told them this was not the first time he had found insects in his food. One of the officers offered another tray but plaintiff declined. Plaintiff submitted a grievance two days later.
On October 14, 2013, in a CRC-Norco dining hall, plaintiff heard Sgt. Aguilar joking about the unsanitary conditions of the kitchen and all the rats she saw that morning.
On October 16, 2013, defendant Jones heard plaintiff’s grievance and took plaintiff on a tour of the kitchen. Plaintiff found a few rat traps and live roaches. He gathered one of the dead roaches and photocopied it as a grievance tour exhibit.
Defendant Jones again interviewed plaintiff on October 28, 2013. Defendant Jones said he did not know what happened to plaintiff’s initial grievance with the roach attached but it was not deliberately made irretrievable. Defendant Jones then copied the September 30, 2011 initial roach grievance form. Plaintiff told defendant Jones about the ants circling leftover food. Defendant Jones told plaintiff the scullery machine is not used to clean but to steam-kill germs.
On December 11, 2013, inmate workers in the engineer shop reported removing rats from the ovens in CRC-Norco’s main kitchen in October. Staff Supervisor Gillette said he did not know when or what was pulled out of the ovens, but ...