Michael

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 EDWARD SHELBY TOLBERT, Case No. 1:19-cv-00278-NONE-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATION

REGARDING DEFENDANT’S MOTION TO

v. DISMISS

MICHAELS, et al., (ECF No. 29) Defendants. FOURTEEN (14) DAY DEADLINE 13 I. Introduction Plaintiff Edward Shelby Tolbert (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s third amended complaint against Defendant Michael1 for deliberate indifference in violation of the Eighth Amendment. On June 22, 2020, the undersigned issued findings and recommendations that this action be dismissed for Plaintiff’s failure to state a claim upon which relief may be granted. (ECF No. 23.) Plaintiff filed objections on July 13, 2020. (ECF No. 24.) On October 25, 2020, the District Judge adopted the findings and recommendations in part, finding that Plaintiff had pled…