Gates

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JERRY LEE KING, No. 1:23-cv-01245-SAB (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO

RANDOMLY ASSIGN A DISTRICT JUDGE

13 v. TO THIS ACTION 14 B. GATES, et al. FINDINGS AND RECOMMENDATION

REGARDING DEFENDANT’S MOTION TO

15 Defendants. DISMISS 16 (ECF No. 14) 17 18 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 19 U.S.C. § 1983. 20 Currently before the Court is Defendants’ motion to dismiss, filed December 18, 2023. 21 I. 22 PROCEDUAL BACKGROUND 23 This action is proceeding against Defendants Warden Brian Cates and Kitchen Supervisor 24 Teresa Bowen for deliberate indifference to Plaintiff’s safety in violation of the Eighth 25 Amendment and negligence in violation of California state law.1 26 /// 27 1 Defendant Brian Cates was erroneously identified as B. Gates and Defendant T. Bowen was…