Norvell Andrew v. United States of America, et al.
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NORVELL ANDREW, Case No.: 1:22-cv-01290-KES-CDB 12 Plaintiff, FINDINGS AND RECOMMENDATIONS
FOLLOWING SCREENING OF
13 v. PLAINTIFF’S THIRD AMENDED
COMPLAINT
14 UNITED STATES OF AMERICA, et al., (Doc. 54) 15 Defendants. 14-DAY OBJECTION DEADLINE 16
17 Plaintiff Norvell Andrew is a federal prisoner proceeding pro se and in forma pauperis in 18 this civil rights action. 19
I. RELEVANT BACKGROUND
20 On March 26, 2025, the assigned district judge issued his Order Adopting in Part Findings 21 and Recommendations. (Doc. 49.) Judge Sherriff found that Plaintiff could proceed on her Eighth 22 Amendment Bivens1 claims against Defendants Palentghi, Spheres, and Placencia for deliberate 23 indifferent to serious medical needs. (Id. at 4-5.) However, Judge Sherriff determined Plaintiff 24 could not state a Bivens action against the defendants for a failure to protect violation of the 25 Eighth Amendment. (Id. at 5-6.) Next, Judge Sherriff found Plaintiff’s second amended…