Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLTON DWAYNE FIELDS, No. 2:21-cv-00548-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SECRETARY OF CDCR, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on plaintiff’s Second Amended Complaint (“SAC”) alleging that officials at High Desert State Prison (“HDSP”) violated his Eighth Amendment rights with respect to the Covid-19 virus. ECF No. 14; see ECF No. 15 (screening order finding SAC to state potentially viable claims against the Secretary of the California Department of Corrections and Rehabilitation (“CDCR”), the Warden of HDSP, and the Chief Medical Officer (“CMO”) at HDSP). Before the Court is defendants’ motion to dismiss the SAC under Rule 12(b)(6) and (b)(1) of the Federal Rules of Civil Procedure for failure to exhaust administrative remedies and, alternatively, for failure to state a claim;…