(PC) Turner v. M. Pallares
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TREAUNA L. TURNER, Case No. 1:21-cv-01721-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATION
GRANTING DEFENDANTS’ MOTION TO
v. DISMISS PALLARES, et al., (ECF No. 30) Defendants. 16 Plaintiff Treauna L. Turner (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendants Showalter and Mitchell for deliberate indifference to medical care in violation of the Eighth Amendment and against Defendants Showalter, Mitchell, and Freeman for negligence (medical malpractice). On March 14, 2023, Defendants Mitchell and Showalter filed a motion to dismiss. (ECF No. 30.) On April 17, 2023, Plaintiff filed an opposition. (ECF No. 37.) On May 16, 2023, Defendants filed a reply. (ECF No. 46.) On June 1, 2023, Plaintiff filed a sur-reply, and Defendants moved to strike the sur-…