CDCR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 XAVIER LUMAR J’WEIAL, No. 2:21-cv-00712 WBS DB Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 16 Defendants.

18 ----oo0oo---- 19 Plaintiff, a state prisoner proceeding pro se, filed 20 this civil rights action on April 21, 2021, seeking relief under 21 42 U.S.C. § 1983. Plaintiff alleges that defendants violated his 22 rights under the Eighth Amendment based on alleged water 23 pollution at Mule Creek State Prison. The matter was referred to 24 a United States Magistrate Judge pursuant to 28 U.S.C. § 25 636(b)(1)(B) and Local Rule 302. Following the Magistrate 26 Judge’s screening order, the only defendant that remains is Joe 27 Lizzarraga, former warden at Mule Creek State Prison. (Docket 28 Nos. 16, 21-22, 27.) Defendant Lizzarraga moved to dismiss on July 17, 2023. (Docket No. 33.) The Magistrate Judge’s findings and recommendations recommend dismissal of the action. (See Docket No. 38.) …