Briggs

Briggs v. Fenstermaker

Good Law
United States District Court, Eastern District of CaliforniaApril 7, 20231:23-cv-00146California5,873 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHNNY LEE BRIGGS, Case No. 1:23-cv-00146-JLT-SAB

Plaintiff, AMENDED FINDINGS AND

RECOMMENDATIONS

v. RECOMMENDING DISMISSAL OF FIRST

AMENDED COMPLAINT

DAVID FENSTERMAKER, et al., (ECF Nos. 1, 11, 13) Defendants.

DEADLINE: FOURTEEN DAYS

16 17 18 19 Plaintiff Johnny Lee Briggs (“Plaintiff”), a state prisoner (BU6282) proceeding pro se, initiated this civil rights action pursuant to 42 U.S.C. § 1983 on January 31, 2023, against David Fenstermaker (“Fenstermaker”), the Community Regional Medical Center (“CRMC”), and the Medical Board of Examiners (“Board”). (ECF No. 1.) The Court screened the complaint, found Plaintiff’s claims were Heck-barred, and issued findings and recommendations to dismiss the complaint, without prejudice. (ECF No. 11.) Plaintiff filed objections to the findings and recommendations indicating he was willing to dismiss certain claims and defendants but wished to proceed on his claims (ECF No. 12), then filed a first amended…

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