(PC) Concepcion v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHELLE (a/k/a MYCHAL) Case No. 1:18-cv-01743-NONE-JLT (PC)

CONCEPCION,

12 Plaintiff, ORDER DIRECTING DEFENDANTS TO v. FILE SUPPLEMENT TO MOTION TO DISMISS

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND 30-DAY DEADLINE REHABILITATION, et al., 16 Defendants. 17 Plaintiff alleges that Defendants denied him sex reassignment surgery (SRS) in violation of the Eighth Amendment, the Fourteenth Amendment, and the Patient Protection and Affordable Care Act. (Doc. 15.) Pending before the Court is Defendants’ motion to dismiss Plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 27.) Plaintiff has filed an opposition, to which Defendants have filed a reply. (Docs. 34, 38.) In their reply, Defendants state that, after filing their motion, Plaintiff was approved for SRS, which “raises the question of whether the Court has subject-matter jurisdiction over Plaintiff’s claim for…