Lizarraga

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH LEON MCDANIEL, No. 2:19-cv-1136 JAM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JOE LIZARRAGA, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds through counsel in this civil rights action filed under 42 U.S.C. § 1983. Motions to dismiss by defendants Lin and Micael are fully briefed. As discussed below, the undersigned recommends that defendant Lin’s motion be granted and defendant Micael’s motion be partially granted. I. Procedural Background On August 7, 2020, the undersigned recommended that defendant Dr. Lin’s motion to dismiss be granted “without prejudice to plaintiff filing a motion to amend should plaintiff ascertain facts through discovery that support a deliberate indifference claim against Dr. Lin.” (ECF No. 42 at 10.) On April 30, 2021, the district court granted defendant Lin’s motion to dismiss without prejudice. (ECF No. 94.)

On April 30, 2021, the district court…