Gieser

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY GIESER, Case No. 1:24-cv-0458 JLT CDB

Plaintiff, ORDER ADOPTING IN PART THE FINDINGS

AND RECOMMENDATIONS, GRANTING

v. DEFENDANT’S MOTION TO DISMISS

WITHOUT LEAVE TO AMEND, DISMISSING

MODERNA CORP., THE ACTION WITHOUT PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

Defendant. CLOSE THIS CASE

(Doc. 10)

Timothy Gieser he asserts that he suffered a retinal detachment less than 24 hours after receiving his second dose of the Moderna1 COVID-19 vaccine while incarcerated at Wasco State Prison, and he seeks to state a claim for “products liability” against Moderna. (Doc. 1-1 at 3-5.) Defendant seeks dismissal, arguing Plaintiff’s claim is barred and pre-empted by the Public Readiness and Emergency Preparedness Act (“PREP Act”), and he fails to sufficiently plead a products liability claim. (Doc. 5.) Plaintiff did not oppose the motion to dismiss. The…