Akabike

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALVARO QUEZADA, No. 1:18-cv-00797-DAD-JLT (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING IN

AKABIKE, et al., PART DEFENDANTS’ MOTION TO

DISMISS

Defendants. (Doc. Nos. 41, 48)

17 Plaintiff Alvaro Quezada is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This matter proceeds on plaintiff’s third amended complaint (Doc. No. 29) on claims of deliberate indifference to serious medical needs against defendants Akabike, Ceja, and Harris. (Doc. No. 36.) On September 29, 2021, the assigned magistrate judge issued findings and recommendations, recommending that defendants’ motion to dismiss be granted in part and denied in part. (Doc. No. 48.) (Id. at 3–4.) The magistrate judge found that…