Beard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL DAVID JOHNSON, No. 2:15-cv-1313 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J.A. BEARD, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding without counsel. On December 11, 2019, the undersigned found that plaintiff’s third amended complaint stated potentially cognizable Eighth Amendment claims for relief against defendants, including Dr. Chen. (ECF No. 55.) Defendant Dr. Chen filed a motion to dismiss plaintiff’s claims against him as barred by the statute of limitations and law of the case. As set forth below, defendant Dr. Chen’s motion should be granted. II. Legal Standard for Motion to Dismiss Rule 12(b)(6) of the Federal Rules of Civil Procedures provides for motions to dismiss for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). In considering a motion to dismiss pursuant to Federal Rule of Civil Procedure…