Mkrtchyan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 EMMETT HARRIS, Case No. 2:19-cv-1040-JAM-JDP (PC) Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS WITH LEAVE TO

v. AMEND MKRTCHYAN, PLAINTIFF IS GRANTED 30 DAYS TO FILE

A THIRD AMENDED COMPLAINT

Defendant. ECF No. 27 14 15 16 17 18 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He claims that defendant Mkrtchyan violated the Eighth Amendment when treating him at a private hospital. Defendant has filed a motion to dismiss, arguing that defendant was not acting under color of state law at the time of the alleged conduct. I find dismissal appropriate because plaintiff has not sufficiently alleged that defendant was a state actor liable for constitutional violations, but I will give plaintiff an opportunity to amend his complaint. Factual Background Plaintiff alleges that on June 10, 2019, he…