(PC) Sullivan v. Adult Correctional Health Care

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 CLAYTON SULLIVAN, No. 2: 22-cv-1572 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ADULT CORRECTIONAL HEALTH CARE, et al., 14 Defendants.

16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s amended complaint. (ECF No. 13.) For the reasons stated herein, the undersigned recommends that plaintiff’s Eighth Amendment claim against defendant Sacramento County be dismissed. The only named defendant in the amended complaint is Sacramento County. Plaintiff alleges that while he was housed at the Sacramento County Jail, he was denied use of a CPAP machine for ninety days. Plaintiff alleges that during that time, he lived in fear of death. Plaintiff alleges that without use of the CPAP machine, he could have passed away or suffered organ damage. Plaintiff alleges that when he finally received a CPAP machine, it was…