Kuersten

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELLIS E. JOHNSON, No. 2:21-cv-0828 KJM CSK P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 MARTIN KUERSTEN,1 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. Defendant Dr. Martin Kuersten’s fully briefed motion to dismiss 19 the third amended complaint is before the Court. As discussed below, defendant’s motion to 20 dismiss should be granted. 21 I. BACKGROUND 22 On March 23, 2021, plaintiff’s letter claiming he was being denied release in violation of 23 a court order was filed in the Northern District of California. (ECF No. 1.) On April 23, 2021, 24 plaintiff filed a civil rights complaint seeking release from prison. (ECF No. 8.) On May 5, 25 2021, the action was transferred to the Eastern District of California. (ECF No. 11.) On June 25, 26

27 1 Defendants CDCR and Director of Medical Services were dismissed without prejudice at plaintiff’s…