Kelley
(PC) Davis v. Kelley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DAVIS, No. 2:22-cv-0773 DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
KANWAR KELLEY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §1983. Before the court is plaintiff’s fifth amended complaint for screening. For the reasons set forth below, this court finds plaintiff continues to state a minimally cognizable claim for relief against defendant Ashe but fails to state any other claims. Therefore, this court will recommend this case proceed solely on plaintiff’s claim against Ashe and that all other claims and defendants be dismissed. BACKGROUND Plaintiff filed his original complaint on May 6, 2022. (ECF No. 1.) Plaintiff identified three defendants: Dr. Kanwar Kelley, Dr. M. Ashe, and San Joaquin Medical Hospital. Plaintiff alleged that in 2020 Dr. Kelley performed a surgery that resulted in a…