Burton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN BENNETT, No. 2:21-cv-1340 WBS KJN P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ROBERT BURTON, et al., 15 Defendants. 16 17 In his amended complaint, plaintiff alleges that defendant Burton, Warden of the 18 California Health Care Facility, failed to act within the scope of his duties in overseeing the 19 handling of the safety and treatment of plaintiff’s health and welfare while in CDCR custody. As 20 discussed below, the amended complaint does not state a cognizable claim against defendant 21 Burton. 22 Background 23 On September 22, 2021, plaintiff’s claims against defendant Burton were dismissed 24 because they were based solely on Burton’s role as warden of California Health Care Facility. 25 (ECF No. 13.) On October 4, 2021, plaintiff elected to proceed solely on his Eighth Amendment 26 claims against defendants Moreno and Garcia. (ECF No. 16.) In his amended complaint, 27 plaintiff renewed his claim against defendant R.…