Kibler

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANDREW JESSE HERNANDEZ, Sr., Case No. 2:21-cv-01629-WBS-JDP (PC) Plaintiff, v. ORDER; FINDINGS AND

RECOMMENDATIONS

BRIAN KIBLER, et al., Defendants. 16 Plaintiff Andrew Hernandez is a state prisoner proceeding without counsel in this action under 42 U.S.C. § 1983. He alleges that defendants Spearman, Gray, Miranda, and Kibler violated his rights under the Eighth Amendment and the Americans with Disabilities Act when they discontinued various medical devices and treatments. Defendants have moved to dismiss 21 1 Defendants’ motion with respect to plaintiff’s Eighth Amendment claim addresses only 22 plaintiff’s allegations that he was denied access to prescribed medical devices; these allegations appear to be the primary basis for plaintiff’s Eighth Amendment claim. ECF No. 22-1; see generally ECF No. 17. Although defendants acknowledge that plaintiff also complains that they discontinued his pain medication, surgeries, and specialty consultations,…