Spencer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEAN-MAX DARBOUZE, No. 2:23-cv-1419 CSK P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SPENCER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. § 1983. Defendant Dr. Spencer’s fully briefed motion to dismiss is before the Court. As discussed below, defendant Dr. Spencer’s request to have plaintiff’s opposition construed as a non-opposition is denied, and the Court recommends that plaintiff’s claims against defendant Dr. Spencer in his official capacity be dismissed. In addition, the Court grants plaintiff an extension of time to obtain Dr. Kim’s complete name and comply with the July 2, 2024 order. I. PLAINTIFF’S COMPLAINT Plaintiff alleges that in 2019, while housed at High Desert State Prison (“HDSP”), his Eighth Amendment rights were violated by Dr. Spencer’s refusal to change plaintiff’s medication for his…