Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY EIDEM, Case No. 1:23-cv-1198 JLT BAM Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. DEFENDANTS’ MOTION TO DISMISS,

AND DISMISSING DEFENDANT B. GREEN

KATHLEEN ALLISON, et al., FROM PLAINTIFF’S SECOND AMENDED

COMPLAINT

Defendants. (Docs. 31, 35) 16 Anthony Eidem, a state prisoner currently represented by counsel, initiated this civil rights action pursuant to 42 U.S.C. § 1983, seeking to hold the defendants liable for violations of both federal and state law. (See generally Doc. 21.) Defendants move to dismiss the claims against Barry Green, a physician’s assistant employed by the CDCR. (Doc. 31.) Defendants reported that during the meet and confer prior to filing the motion, “[t]he parties agreed that the only claim alleged against Defendant Green is a negligence claim.” (Doc. 31 at 2.) However, Defendants argue that “Plaintiff has failed to plead the necessary elements to 24 …