Jones

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WILLIAM JOSEPH JONES, Case No.: 18-CV-1609-AJB(WVG)

Plaintiff,

REPORT AND

v. RECOMMENDATION ON

DEFENDANT DR. FOYLE’S

CARRABY et al.,

MOTION TO DISMISS FIRST

Defendants. AMENDED COMPLAINT

16 [Doc. No. 28.] 17 18 After the Court dismissed Plaintiff’s Complaint against Defendant Michael Foyle, O.D., Plaintiff filed a First Amended Complaint with leave of Court. Foyle now moves to dismiss the FAC. For the reasons that follow, the Court RECOMMENDS that Defendant’s motion be DENIED. I. BACKGROUND A. Factual Background Plaintiff William Joseph Jones is an inmate who was once housed at Centinela State Prison in Imperial, California. Defendant Foyle is employed by the California Department of Corrections and Rehabilitations (“CDCR”). This case arises from an alleged “botched” 28 surgery on Plaintiff’s right eye by private surgeons and the follow-up care he…