Taber

(PC) Shavers v. Taber

Good Law
United States District Court, Eastern District of CaliforniaMay 5, 20252:21-cv-01734California505 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSE LEE SHAVERS, JR., No. 2:21-cv-01734-DAD-JDP (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

TABER, et al., DEFENDANT TABER’S MOTION TO

DISMISS

Defendants. (Doc. Nos. 38, 45) 16 Plaintiff Jesse Lee Shavers, Jr. is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 11, 2025, the assigned magistrate judge issued findings and recommendations recommending that defendant Taber’s motion to dismiss plaintiff’s fourth amended complaint (“FAC”) (Doc. No. 38) be denied. (Doc. No. 45.) Specifically, the magistrate judge determined that plaintiff had stated a cognizable Eighth Amendment claim for deliberate indifference by alleging that: (1) he had an objectively serious medical condition…

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