Edwards
(PC) Simms v. Edwards
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEJWAN SIMMS, Case No. 1:22-cv-00028-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS DEFENDANT CORRECTION
v. OFFICER #1 FROM ACTION WITHOUT
PREJUDICE
EDWARDS, (ECF No. 23) Defendant.
FOURTEEN (14) DAY DEADLINE
16 Plaintiff Dejwan Simms (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds against Defendants Edwards and Correction Officer #1 for deliberate indifference to medical needs and for failure to protect, in violation of the Eighth Amendment, for the events surrounding the transport back to North Kern State Prison on October 16, 2020. I. Background On March 9, 2022, the Court directed Plaintiff to file a motion to substitute the identity of Defendant Correction Officer #1 that provides the Court with enough information to locate them for service of process. (ECF No. 11.) Following an extension of time,…