Jose Cruz v. SCI SMR Dietary Services

OPINION

Jose G. Cruz, a state prisoner proceeding pro se, appeals from an order of the District Court dismissing his complaint. For the reasons that follow, we will summarily affirm the judgment of the District Court.

Cruz filed a 42 U.S.C. § 1983 action in the District Court in February 2013 alleging that his constitutional rights were violated by the Defendants during incidents which occurred while he was in custody at the State Correctional Institution at Somerset (“SCI-Somerset”). He first claimed that the Defendants violated his Eighth Amendment rights in May 2010 when they allegedly fed…