Beard

(PC) Johnson v. Beard

Good Law
United States District Court, Eastern District of CaliforniaNovember 28, 20222:15-cv-01313California5,764 words

Opinion

Trial Court Opinion

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

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