(PC) Moore v. Butte County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND E. MOORE, Jr., Case No. 2:22-cv-01517-DJC-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS v. THAT DEFENDANT’S MOTION TO

DISMISS BE DENIED

BUTTE COUNTY, et al., ECF No. 35 Defendants.

16 Plaintiff was housed as a pretrial detainee at Butte County Jail when his appendix ruptured. For days leading up to the rupture, plaintiff repeatedly sought medical treatment, but his requests went largely ignored by defendants. Now, one of the guards, defendant Erwin, moves for her dismissal from this action. ECF No. 35. For the reasons stated below, I recommend that defendant’s motion be denied. Background Plaintiff filed his initial complaint on August 29, 2022, ECF No. 1; his first amended complaint on February 17, 2023, ECF No. 19; and his operative complaint on May 22, 2023, ECF No. 24. The complaint generally alleges that defendant Erwin, along with other defendants, violated…