(PC) Freeman v. Clark

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LEROY FREEMAN, ) Case No.: 1:21-cv-0611 NONE JLT (PC) ) Plaintiff, ) ORDER VACATING THE HEARING DATE OF ) JULY 21, 2021 v. ) ) FINDINGS AND RECOMMENDATIONS KEN CLARK, et al., ) GRANTING DEFENDANT’S MOTION TO ) DISMISS Defendants. ) (Doc. 7) )

Leroy Freeman was incarcerated at California State Prison- Corcoran when he was diagnosed with a condition that required surgical intervention. Plaintiff asserts that following the surgery, he did not receive proper care at CSP-Corcoran, which resulted in permanent paralysis. Plaintiff seeks to hold Warden Ken Clark; Celia Bell, the CEO of Health Care at CSP-Corcoran; and unidentified medical providers liable for violations of his civil rights arising under the Eighth Amendment. (See Doc. 1.) Defendants seek dismissal of the complaint pursuant to Rule 12(b)(f) of the Federal Rules of Civil Procedure, asserting that Plaintiff’s claims against Clark and Bell are barred by the…