Lizarraga

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., ORDER AND FINDINGS AND

RECOMMENDATIONS

Defendants. 16 Plaintiff is a state prisoner, proceeding through counsel, in this civil rights action filed under 42 U.S.C. § 1983. At present, four motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) are pending as to six defendants, represented by four different lawyers. As discussed below, the undersigned recommends that the motions of defendants Toralba, Martinez, Dr. Galang, and Dr. Hawkins be granted on statute of limitations grounds; that defendant Lizarraga’s motion be granted with leave to amend, and that defendant Micael’s motion be denied. 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…