Kuersten

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID E. EDWARDS, No. 2:21-cv-00259-DAD-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. KUERSTEN and CDCR, Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This matter proceeds on his Second Amended Complaint (SAC). ECF No. 45. Now before the court is defendant Kuersten’s motion to partially dismiss that complaint. ECF No. 46. The court also addresses plaintiff’s addition of the California Department of Corrections and Rehabilitation (CDCR) as a defendant in the SAC. ECF No. 45. I. Background Plaintiff filed his original complaint against defendant Kuersten on February 10, 2021. ECF No. 1. The court dismissed the complaint, and plaintiff filed his First Amended Complaint (FAC) on June 4, 2021. ECF No. 11. Defendant Kuersten subsequently moved to dismiss the FAC, which this court granted in part and denied in part. ECF Nos. 33, 38. …