(PC) Sullivan v. Adult Correctional Health Care

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLAYTON SULLIVAN, No. 2: 22-cv-1572 KJM KJN P Plaintiff, v. ORDER ADULT CORRECTIONAL HEALTH CARE, et al., 15 Defendants.

17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 11, 2023, the magistrate judge filed findings and recommendations, which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. ECF No. 14. Plaintiff filed objections. ECF No. 17. The magistrate judge recommended dismissal of plaintiff’s Eighth Amendment claim against defendant Sacramento County, raised in the first amended complaint, alleging denial of the use of a CPAP machine for 90 days. ECF No. 14 at 1-2. The magistrate judge analyzed 28 …