Gray

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE N. BETETA, No. 2:22-cv-0037 CKD P Plaintiff, v. ORDER AND DR. GRAY, FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On March 22, 2022, the court screened plaintiff’s amended complaint as the court is required to do under 42 U.S.C. § 1915A and found that plaintiff could proceed on a claim arising under the Eighth Amendment against defendant Dr. Gray. Dr. Gray has moved to dismiss any claim against him in his official capacity arguing that any such claim is barred by the Eleventh Amendment. Defendant Dr. Gray does not seek dismissal of plaintiff’s claim against Dr. Gray in his individual capacity. Plaintiff has indicated he does not oppose Dr. Gray’s motion. Good cause appearing, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case. ///// ///// 28 …