CDCR
(PC) Muhammad v. CDCR
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 KWESI MUHAMMAD, Case No. 2:23-cv-00756-JDP (PC) Plaintiff, ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS
v. ECF No. 8 CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, Defendant. 16 Plaintiff Kwesi Muhammad is a state prisoner proceeding without counsel in this action under 42 U.S.C. § 1983. He alleges that defendant CDCR violated his rights under Title II of the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act (“RA”) when it failed to provide him with a second mattress to address post-COVID-19 chronic fatigue and joint pain. ECF No. 1 at 6-7. Pending before me is defendant’s motion to dismiss, wherein defendant argues that plaintiff’s claims implicate the sufficiency of his medical care and, thus, fall outside the scope of the ADA and the RA. ECF No. 8 at 10-12. The motion also argues that plaintiff cannot show that he is entitled to money damages. Id. at 13. Plaintiff has filed an opposition, ECF No. 9, and…