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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT L. SANFORD, Case No. 1:22-cv-01100-ADA-CDB (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS ACTION FOR FAILURE TO

STATE A CLAIM

GAVIN NEWSOM, et al., (Doc. 19) Defendants.

FOURTEEN (14) DAY DEADLINE

17 Plaintiff Robert L. Sanford is a state prisoner proceeding pro se in this action filed under the California Tort Claims Act in the Superior Court of California, County of Kern, arising from his exposure to and contraction of COVID-19 while in custody at California Correctional Institution. (Doc. 1.) On August 3, 2022, Plaintiff filed a third amended complaint (“TAC”) in Superior Court alleging Defendants violated his Eighth and Fourteenth Amendment rights under the United States Constitution and his rights under the California Constitution, Art. I, § 17. (Id. at 210– 52, ex. D.) Following Plaintiff’s assertion of claims for federal constitutional violations, Defendants…