DiTomas

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID WESLEY BIRRELL, aka No. 2:22-cv-01528-KJM-EFB (PC) Bella-Christina Birrell, 12 Plaintiff, 13 ORDER AND FINDINGS AND v. RECOMMENDATIONS 14 MICHELE DiTOMAS, et al., 15 Defendants. 16

17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. She is incarcerated at the California Medical Facility (CMF), where defendant 19 DiTomas was the chief medical executive (CME),1 defendant Liu was a physician and surgeon, 20 and defendant Footman was a correctional lieutenant. Plaintiff asserts a variety of Eight 21 Amendment claims predicated on her medical treatment at the facility. Defendants have filed a 22 motion for summary judgment. ECF No. 25. Plaintiff has not responded, despite having been 23 granted five extensions of time to do so. ECF Nos. 28, 30, 32, 37, 40. Nonetheless, a careful 24 review of the full record indicates that defendants’ motion for summary judgment must be 25 1 Plaintiff sues DiTomas in her capacity of acting…