DiTomas

(PC) Birrell v. DiTomas

Good Law
United States District Court, Eastern District of CaliforniaMay 16, 20252:22-cv-01528California656 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 David Wesley Birrell, aka No. 2:22-cv-01528-KJM-EFB Bella-Christina Birrell, ORDER B Plaintiff, v: Michele DiTomas, et al., Defendants. 17 Plaintiff Bella~Christina Birrell! is incarcerated. She alleges in this action that the chief medical officer at the state prison where she was incarcerated, along with a staff physician and 20 correctional lieutenant, subjected her to cruel and unusual punishment by taking the power cord for her continuous positive air pressure (C-PAP) machine. See Compl. {J 39-41. The case was 22 referred to the assigned Magistrate Judge for all pretrial matters under this District’s Local Rules. See E.D. Cal. L.R. § 302(c). Discovery has closed, and defendants seek summary judgment. See 24 generally Mot, ECF No. 25. 25 ///I/

' According to the complaint, plaintiff uses feminine pronouns. Compl. § 4, ECF No. 1. The court has done…

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