(PC) Gelazela v. United States of America

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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9 MARK GELAZELA, Case No. 1:21-cv-01499-AWI-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, 11

RECOMMENDING THAT THIS CASE

v. 12 PROCEED ON PLAINTIFF’S CLAIM UNITED STATES OF AMERICA, et al., AGAINST DEFENDANT MOORE FOR 13 DELIBERATE INDIFFERENCE TO HIS Defendants.

SERIOUS MEDICAL NEEDS IN

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VIOLATION OF THE EIGHTH

15 AMENDMENT AND ON HIS FEDERAL

TORT CLAIMS ACT CLAIM AGAINST

16 THE UNITED STATES; THAT

PLAINTIFF’S BIVENS CLAIMS AGAINST

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DEFENDANTS WHITE, LEPE, LEHMAN,

18 BLOCHER, FCI MENDOTA, AND THE

BUREAU OF PRISONS BASED ON A

19 LACK OF MEDICAL CARE FOR 20 PLAINTIFF’S KNEE BE DISMISSED

WITH PREJUDICE; THAT PLAINTIFF’S

21 ADA AND REHABILITATION ACT

CLAIMS BE DISMISSED WITH

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PREJUDICE; AND THAT ALL OTHER

23 CLAIMS BE DISMISSED…