Marcelo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARINO ANTONIO HERNANDEZ, No. 1:19-cv-01219-NONE-JLT (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS AND GRANTING

DEFENDANTS’ MOTION TO PARTIALLY

J. MARCELO, et al., DISMISS COMPLAINT

Defendants. (Doc. Nos. 20, 35) 16 Plaintiff Marino Antonio Hernandez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This case proceeds on plaintiff’s claims of deliberate indifference to serious medical needs pursuant to § 1983, as well as on claims of violations of the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act (“RA”). (Doc. Nos. 14, 17.) Plaintiff sues the defendants in their individual and official capacities. (Doc. No. 1 at 2.) On June 29, 2020, defendants filed a motion to dismiss plaintiff’s…