Alan Charles Johnson Jr. v. Dr. Dhalival

Good Law
United States District Court, Central District of CaliforniaMarch 11, 20232:21-cv-06526California866 words

Opinion

Trial Court Opinion

Case 2:21-cv-06526-SB-AS Document Filed 03/11/ Page 1 of Page ID #:353

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ALAN CHARLES JOHNSON, JR., Case No. 2:21-cv-06526-SB (AS) Plaintiff, v. ORDER ADOPTING IN PART

REPORT AND

DR. DHALIVAL et al., RECOMMENDATION Defendants.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint (FAC), all the records herein, and the Report and Recommendation (R&R) of the United States Magistrate Judge. After conducting a de novo review of the challenged portions of the Report and Recommendation, the Court ACCEPTS IN PART the findings and conclusions of the Magistrate Judge. Plaintiff, a prisoner in federal custody, brings an Eighth Amendment deliberate indifference claim, alleging that he was improperly prescribed a drug that exacerbated his preexisting kidney condition. Dkt. No. 10. Defendants moved to dismiss Plaintiff’s complaint for failure to state a claim under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), in light of the Supreme Court’s recent decision in Egbert v. Boule, 142 S. Ct. 1793 (2022).…

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