(PC) Moore v. Butte County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND E. MOORE JR., Case No. 2:22-cv-01517-JDP (PC) Plaintiff, ORDER AND FINDINGS AND

RECOMMENDATIONS

v. BUTTE COUNTY, et al., Defendants. 16 17 18 19 20 Plaintiff brings this section 1983 case against several employees of the Butte County Sheriff’s Department for violations of his Fourteenth Amendment rights. He alleges that defendants Erwin, Sage, and Shoemaker failed to provide him with adequate medical care after he suffered a ruptured appendix. ECF No. 24 at 3-5. These allegations are viable and I will direct that plaintiff be sent service documents for these defendants. I will also recommend, however,

1 Plaintiff’s claims, insofar as he appears to be a pre-trial detainee, proceed under the Fourteenth rather than the Eighth Amendment. See Gordon v. County of Orange, 888 F.3d 1118, 1124-25 (9th Cir. 2018). that plaintiff’s claims against defendant Atkinson, the only other named defendant, be dismissed. …