Dwivedi

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

BARRY L. BROOKINS, 1:18-cv-00645-DAD-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANT

vs. DWIVEDI’S RULE 12(b)(6) MOTION TO

DISMISS CASE AS BARRED BY

RAJENDRA DWIVEDI, STATUTE OF LIMITATIONS BE

GRANTED

Defendant. (ECF No. 73.)

OBJECTIONS, IF ANY, DUE WITHIN

DAYS

22 I. BACKGROUND Barry L. Brookins (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to U.S.C. § 1983. Plaintiff filed the Complaint commencing this case on May 10, 2018. (ECF No. 1.) This case now proceeds with Plaintiff’s initial Complaint against sole defendant Dr. Rajendra Dwivedi (“Defendant”) for failing to provide adequate medical care in violation of the Eighth Amendment. (Id.) On February 8, 2021, Defendant filed a motion to dismiss this case pursuant to Rule 2 …