CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MORIANO MILLARE, No. 2:22-cv-01862-DJC-KJN P Plaintiff, v. ORDER CDCR, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. In this action, Plaintiff raises several claims related to the alleged confiscation of his DME cervical pillow. On April 3, 2023, the Magistrate Judge filed findings and recommendations recommending dismissal of all claims pursuant to the Americans with Disabilities Act (“ADA”) and California Civil Code § 1427. The Magistrate Judge also recommended dismissal of Plaintiff’s Eighth Amendment and negligence claims against Defendant California Department of Corrections and Rehabilitation (“CDCR”). The Magistrate Judge dismissed with leave to amend Plaintiff’s Eighth Amendment and…