Joksch

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEENAN WILKINS, also known as No. 2:18-CV-2518-MCE-DMC-P Nerrah Brown, 12 Plaintiff, FINDINGS AND RECOMMENDATIONS v.

C. JOKSCH, et al.,

15 Defendants.

17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court are Defendant Foulk’s motion to dismiss, ECF No. 53, Plaintiff’s opposition, ECF No. 59, Defendant Foulk’s reply, ECF No. 60, and Plaintiff’s sur- reply, ECF No. 62. 22 I. PLAINTIFF’S ALLEGATIONS Plaintiff names the following as defendants: (1) C. Joksch, correctional officer at High Desert State Prison and (2) Freddie Foulk, warden at High Desert State Prison. See ECF No. 1, pg. 2. Plaintiff alleges that on or around December 26, 2013, Plaintiff “was erroneously sent to High Desert State Prison (HDSP) which does not have a EOP mental health program.” Id. at 6. In January of 2014 Plaintiff “was told he was level 3 and would be transferred…