(PC) Bradford v. De Franco

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND ALFORD BRADFORD, No. 2:21-CV-2169-DJC-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 JEREMY DE FRANCO, 15 Defendant. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Defendant’s motion to partially dismiss. See ECF 19 No. 28. Plaintiff has filed an opposition to Defendant’s motion. See ECF No. 29. Defendant has 20 filed a rely in support of the motion to dismiss. See ECF No. 30. Defendant seeks dismissal of 21 all claims except Plaintiff’s Eighth Amendment claim for medical deliberate indifference. 22 In considering a motion to dismiss, the Court must accept all allegations of 23 material fact in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). The 24 Court must also construe the alleged facts in the light most favorable to the plaintiff. See Scheuer 25 v. Rhodes, 416 U.S. 232, 236 (1974); see also Hosp. Bldg.…