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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELLIS JOHNSON, No. 2:21-cv-0828 KJN P Plaintiff, v. KATHLEEN ALLISON, et al., ORDER AND FINDINGS AND

RECOMMENDATIONS

Defendants. 16 I. Introduction Plaintiff is a state prisoner, who proceeds without counsel and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case proceeds on the amended complaint against defendants N. Largoza, M.D., Chief Physician and Surgeon, and S. Gates, Chief, Health Care correspondence and Appeals Branch Policy and Risk Management Services. Presently pending is defendants’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the undersigned recommends that defendants’ motion be partially granted, and this action be dismissed. II. The Amended Complaint Plaintiff alleges the following: His Eighth Amendment right to be free from cruel and unusual punishment was violated by defendants’ failure to protect plaintiff from…