Bivin

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY WILLIAM CORTINAS, No. 2:23-CV-0388-WBS-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS BIVIN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint, ECF No. 16. Plaintiff's allegations have been summarized in the Court's August 15, 2024, order. See ECF No. 17. In that order, the Court determined that Plaintiff's first amended complaint was appropriate for service on a number of defendants as to Plaintiff's Claim I, Claim II, and Claim IV. See id. Specifically, the Court stated that the following claims could proceed:

(1) Plaintiff's medical deliberate indifference claim in Claim I that Defendant Rios knew a wheelchair was medically necessary and, nonetheless, ordered Plaintiff not to use it, causing Plaintiff to fall and…