Marcelo

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARINO ANTONIO HERNANDEZ, Case No. 1:19-cv-01219-NONE-JLT (PC)

12 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANTS’ MOTION

13 v. TO DISMISS

14 J. MARCELO, et al., (Doc. 20)

15 Defendants. 21-DAY DEADLINE

16 17 Before the Court is Defendants’ motion to partially dismiss Plaintiff’s complaint. (Doc. 18 20.) Plaintiff filed an opposition to Defendants’ motion on August 11, 2020. (Doc. 27.) 19 Defendants have not filed a reply, and the time to do so has passed. See Local Rule 230(l). For the 20 reasons set forth below, the Court recommends that Defendants’ motion be granted. 21 I. BACKGROUND 22 The Court has screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A. (Doc. 11.) 23 Plaintiff’s operative claims are (1) deliberate indifference to serious medical needs in violation of 24 the Eighth Amendment, pursuant to 42 U.S.C. § 1983, and (2) violations of the Americans with 25 Disabilities Act (ADA) and the Rehabilitation…