Baughman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRAVELL C. HOLMES, No. 2:20-cv-1496 KJM DB P Plaintiff, v. ORDER AND FINDINGS AND

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DAVID BAUGHMAN, et al., Defendants. 16 Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. § 1983. Plaintiff alleges defendants were deliberately indifferent to his medical needs when they required him to use stairs despite having a “no stairs” chrono and he fell injuring his knee. In December 2021, defendants filed motions to dismiss the first amended complaint as untimely. (ECF Nos. 35, 38.) On February 1, 2022, this court found plaintiff stated plausible claims for equitable tolling of the statute of limitations. Because those issues may require presentation of facts beyond those alleged in the first amended complaint, this court dismissed defendants’ motions to dismiss without prejudice to their renewal as motions for summary judgment. (ECF No. 46.) Defendants have now answered the…