Fox

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN REED, No. 2:19-cv-0275 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROBERT FOX, et al., Defendants. 16 Plaintiff is a state prisoner who is currently represented by court-appointed counsel. The case is before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the court is defendants’ motion to dismiss. ECF No. 58. Plaintiff filed an opposition (ECF No. 62), and defendants filed a reply (ECF No. 63). Oral argument was heard on April 26, 2023. ECF Nos. 65, 67. For the reasons explained below, the undersigned will recommend that the motion be granted in part and denied in part. I. ALLEGATIONS OF THE THIRD AMENDED COMPLAINT Plaintiff is a paraplegic man who was incarcerated at California Medical Facility (“CMF”) at the time of the events in question. ECF No. 28 (Third Amended Complaint) at 1-3. He names

Counsel was initially…