Kelley

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN DAVIS, No. 2:22-cv-0773 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 KANWAR KELLEY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. 18 §1983. Before the court is plaintiff’s fifth amended complaint for screening. For the reasons set 19 forth below, this court finds plaintiff continues to state a minimally cognizable claim for relief 20 against defendant Ashe but fails to state any other claims. Therefore, this court will recommend 21 this case proceed solely on plaintiff’s claim against Ashe and that all other claims and defendants 22 be dismissed. 23 BACKGROUND 24 Plaintiff filed his original complaint on May 6, 2022. (ECF No. 1.) Plaintiff identified three 25 defendants: Dr. Kanwar Kelley, Dr. M. Ashe, and San Joaquin Medical Hospital. Plaintiff 26 alleged that in 2020 Dr. Kelley performed a surgery that resulted in a…