Lizarraga

(PC) McDaniel v. Lizarraga

Good Law
United States District Court, Eastern District of CaliforniaAugust 7, 20202:19-cv-01136California4,056 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH LEON MCDANIEL, No. 2:19-cv-1136 JAM KJN P Plaintiff, v. JOE LIZARRAGA, et al., FINDINGS AND RECOMMENDATIONS Defendants.

17 I. Introduction Plaintiff is a state prisoner, proceeding through counsel, in this civil rights action filed under 42 U.S.C. § 1983. Presently pending is defendant Dr. Lin’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the undersigned recommends that defendant Lin’s motion be granted. II. The Verified Complaint This case proceeds on plaintiff’s original complaint alleging the following. At all times relevant herein, plaintiff was incarcerated at Mule Creek State Prison (“MCSP”). Plaintiff names as defendants Warden Joe Lizarraga, Dr. Galang, RN Martinez, Dr. Crooks, Dr. Hawkins, Dr. Ibrahim, RN Toralba, RN Micael, and Dr. Lin. Such defendants were employed at either MCSP, 28 San Joaquin General Hospital, Doctor’s Hospital of Manteca, or…

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