Gipson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARONTE TYRONE LEWIS, Case No. 1:20-cv-00574-HBK (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATIONS TO

S. SHERMAN, S. SMITH, FNU SMITH, GRANT IN PART AND DENY IN PART

FNU JOHNSON, FNU PIPER, NIKKI DEFENDANTS’ MOTION TO DISMISS1

JOHNSON, J. JIMENEZ, STATE OF CALIFORNIA, CDCR, (Doc. No. 54) 16 Defendants. FOURTEEN-DAY DEADLINE

18 19 Pending before the Court is a motion to dismiss filed on behalf of Defendants Warden Stewart Sherman, Associate Warden S. Smith, Lieutenant Smith, Captain Johnson, Sergeant Piper, Transport Officers Nikki Johnson and J. Jimenez, the State of California, and the California Department of Corrections and Rehabilitation (“CDCR”) on January 14, 2021. (Doc. No. 54). After the Court afforded Plaintiff an enlargement of time, Plaintiff filed a response opposing Defendants’ Motion on February 10, 2021. (Doc. Nos. 66, 73). Defendants’ motion is ripe for…