Macomber

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 JUAN JOSE AMESQUITA, Case No. 1:23-cv-01604-KES-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

v. CLAIMS AND DEFENDANTS

MACOMBER, et al., (ECF Nos. 1, 10)

Defendants. FOURTEEN (14) DAY DEADLINE 11 I. Background Plaintiff Juan Jose Amesquita (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 7, 2024, the Court screened Plaintiff’s complaint and found that Plaintiff stated cognizable claims against Defendants Howard and Chavez for deliberate indifference to medical care in violation of the Eighth Amendment for how Howard and Chavez were moving Plaintiff, and that Plaintiff was saying they were hurting him, as they tried to return Plaintiff to the wheelchair, and for failure to obtain medical care for Plaintiff following the vehicle incident/accident, but failed to state any other cognizable…