Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARYL HICKS, No. 2:22-cv-0903 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PATRICK COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On October 16, 2023, the undersigned found that plaintiff stated cognizable Eighth Amendment claims as to defendants Powell and Dr. Pleshchuk and granted plaintiff the option of pursuing his Eighth Amendment claims against such defendants or filing an amended complaint to attempt to correct the identified pleading deficiencies. Thirty days passed and plaintiff did not file the election form or file a third amended complaint. Therefore, the undersigned recommends that this action proceed solely as to plaintiff’s Eighth Amendment claims against defendants Powell and Dr. Pleshchuk,1 and the remaining claims against the remaining defendants be dismissed without prejudice.

Defendant Powell’s deliberate indifference is demonstrated by…