Beard

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DAVID JOHNSON, No. 2:15-cv-1313 TLN KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 J.A. BEARD, et al., 15 Defendants. 16 17 I. Introduction 18 Plaintiff is a state prisoner, proceeding without counsel. On December 11, 2019, the 19 undersigned found that plaintiff’s third amended complaint stated potentially cognizable Eighth 20 Amendment claims for relief against defendants, including Dr. Collinsworth. (ECF No. 55.) 21 Defendant Dr. Collinsworth filed a motion to dismiss based on plaintiff’s failure to state an 22 Eighth Amendment claim for deliberate indifference to plaintiff’s medical needs. As set forth 23 below, defendant Dr. Collinsworth’s motion should be granted. 24 II. Pertinent Procedural Background 25 As noted by defendant, this case has a long and complicated procedural history. (ECF No. 26 207 at 3.) Thus, only the pertinent history is provided. 27 On March 20, 2018, plaintiff was granted leave to amend certain…