Kirsch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LYNN WOODS, No. 2:22-cv-00640-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CHRISTOPHER SMITH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Plaintiff initiated this action on April 11, 2022 and filed his third amended complaint (TAC) on December 27, 2022. ECF Nos. 1 and 15. After screening the TAC, this court found that plaintiff’s allegations regarding treatment of his eye condition at Mule Creek State Prison (MCSP) stated potentially cognizable Eighth Amendment claims against defendants Christopher Smith and Alan Kirsch. ECF No. 17. Defendant Christopher Smith1 now moves to dismiss the TAC on various grounds, including that plaintiff has failed to state a claim. Plaintiff has also filed a request for copies of his complaints (ECF No. 32) and a motion to appoint counsel (ECF No. 37). For the following reasons,…