Akintola

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD JOSHUA SMITH, No. 2:21-cv-0420-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS OMONIYI AKINTOLA, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. Plaintiff’s amended complaint alleges that defendant, a physician’s assistant at California Health Care Facility – Stockton, refused to treat plaintiff for chest pain and shortness of breath in March 2019. ECF No. 7. Plaintiff also alleges that defendant knew of an outbreak of Legionnaire’s disease at the prison but “did nothing” for plaintiff. Id. He sues defendant in both his official and individual capacities for violation of his Eighth Amendment rights, seeking monetary damages and an injunction ordering “relief/transfer due to water contaminat[ion]” causing Legionnaire’s disease. Id. at 5. Defendant seeks dismissal of plaintiff’s claims against him in his official capacity as barred…