Norvell Andrew v. United States of America, et al.

Good Law
United States District Court, Eastern District of CaliforniaOctober 24, 20251:22-cv-01290California8,053 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NORVELL ANDREW, Case No.: 1:22-cv-01290-KES-CDB Plaintiff, FINDINGS AND RECOMMENDATIONS

FOLLOWING SCREENING OF

v. PLAINTIFF’S THIRD AMENDED

COMPLAINT

UNITED STATES OF AMERICA, et al., (Doc. 54) Defendants. 14-DAY OBJECTION DEADLINE

17 Plaintiff Norvell Andrew is a federal prisoner proceeding pro se and in forma pauperis in 18 this civil rights action.

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…

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