Thompson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RANDY LAMAR BLACK, No. 2:21-cv-02167-TLN-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS P. THOMPSON, et al., Defendants. 16 Plaintiff is a federal inmate proceeding without counsel in a civil right action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Pursuant to 28 U.S.C. § 1915A(a), the court determined that plaintiff’s first amended complaint (FAC), ECF No. 34, alleged a potentially cognizable Eighth Amendment claim against defendants David Allred, M.D. and B. Birch for deliberate indifference to serious medical needs. ECF No. 38. Defendants now move to dismiss the FAC pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, for failing to state a recognized cause of action under Bivens. ECF Nos. 57. Plaintiff opposes the motion and has also filed his own motion which he styles as a motion for judgment on the pleadings. ECF Nos. 64. Finally, plaintiff…