(PC) Gelazela v. United States of America

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 MARK GELAZELA, Case No. 1:21-cv-01499-AWI-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE

v. PROCEED ON PLAINTIFF’S CLAIM UNITED STATES OF AMERICA, et al., AGAINST DEFENDANT MOORE FOR DELIBERATE INDIFFERENCE TO HIS Defendants.

SERIOUS MEDICAL NEEDS IN

VIOLATION OF THE EIGHTH

AMENDMENT AND ON HIS FEDERAL

TORT CLAIMS ACT CLAIM AGAINST

THE UNITED STATES; THAT

PLAINTIFF’S BIVENS CLAIMS AGAINST

DEFENDANTS WHITE, LEPE, LEHMAN,

BLOCHER, FCI MENDOTA, AND THE

BUREAU OF PRISONS BASED ON A

LACK OF MEDICAL CARE FOR PLAINTIFF’S KNEE BE DISMISSED

WITH PREJUDICE; THAT PLAINTIFF’S

ADA AND REHABILITATION ACT

CLAIMS BE DISMISSED WITH

PREJUDICE; AND THAT ALL OTHER

CLAIMS BE DISMISSED…