(PC) Campbell v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SENARBLE CAMPBELL, No. 2:21-cv-01172-KJM-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ASHLEY SMITH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is defendant Ivey’s partial motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. ECF Nos. 29. For the reasons discussed below, the undersigned recommends granting the motion. I. Factual and Procedural History Plaintiff is a mentally ill state prisoner who is a participant in the Mental Health Services Delivery System at the Enhanced Outpatient (“EOP”) level of care within the California Department of Corrections and Rehabilitation. This case is proceeding on plaintiff’s complaint filed on June 22, 2021 alleging Eighth Amendment deliberate indifference claims and ADA/RA2 26 1 By separate…