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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 NATHANIEL MARCUS GANN, Case No. 1:19-cv-01350-JLT (PC)

Plaintiff, ORDER TO SHOW CAUSE WHY

ACTION SHOULD NOT BE DISMISSED

v. 30-DAY DEADLINE CDCR, et al., Defendants. 16 Nathaniel Marcus Gann is a state prisoner proceeding in forma pauperis. He raises claims of cruel and unusual punishment and retaliation under 42 U.S.C. § 1983, as well as negligence and battery claims under state law. (Doc. 1 at 1, 5-7.) Plaintiff alleges Defendants denied him constitutionally adequate medical care while he was incarcerated at California Substance Abuse Treatment Facility and State Prison, Corcoran. (See id. at 9-27.) “The statute of limitations applicable to an action pursuant to 42 U.S.C. § 1983 is the personal injury statute of limitations of the state in which the cause of action arose.” Alameda Books, Inc. v. City of Los Angeles, 631 F.3d 1031, 1041 (9th Cir. 2011) (citations omitted). In California, the statute of limitations for section 1983 actions is…