(PC) Bowell v. California Department of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES BOWELL, No. 2:17-cv-0981 KJM KJN P Plaintiff, v. CALIFORNIA DEPARTMENT OF ORDER AND FINDINGS AND CORRECTIONS, et al., RECOMMENDATIONS 15 Defendants. 16 Plaintiff is a state prisoner, who proceeds without counsel and in forma pauperis, in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case proceeds on the first amended complaint, against defendants K. Allison and J. Lewis. Presently pending are defendants’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), and motion to strike plaintiff’s unauthorized filings, and request for judicial notice. For the reasons that follow, the undersigned grants the motion to strike and the request for judicial notice, and recommends that defendants be granted qualified immunity. I. The First Amended Complaint Plaintiff alleges violations of his Eighth, Ninth and Fourteenth Amendment rights based on forced tuberculosis (“TB”) skin tests, citing Mills v.…