(PC) Bradford v. De Franco

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND ALFORD BRADFORD, No. 2:21-CV-2169-DJC-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEREMY DE FRANCO, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant’s motion to partially dismiss. See ECF No. 28. Plaintiff has filed an opposition to Defendant’s motion. See ECF No. 29. Defendant has filed a rely in support of the motion to dismiss. See ECF No. 30. Defendant seeks dismissal of all claims except Plaintiff’s Eighth Amendment claim for medical deliberate indifference. In considering a motion to dismiss, the Court must accept all allegations of material fact in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). The Court must also construe the alleged facts in the light most favorable to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974); see also Hosp. Bldg.…