Dragasits

NOT FOR PUBLICATION

5 6 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Stephen DRAGASITS, Case No.: 18-cv-0512-WQH-AGS Plaintiff, REPORT AND RECOMMENDATION

ON DEFENDANTS’ MOTION TO

v. DISMISS (ECF No. 29) AND T. RUCKER, et al., PLAINTIFF’S MOTION FOR LEAVE TO AMEND (ECF No. 38) Defendants. 16 A prisoner claims that guards confiscated his prescribed orthopedic shoes, which ultimately led to him rupturing his Achilles tendon. He sued them for deliberate indifference to his serious medical needs, among other claims. The guards now move to dismiss much of the complaint. BACKGROUND1 On February 9, 2016, plaintiff Stephen Dragasits was sick in his prison bed at R.J. Donovan Correctional Facility when two correctional officers—defendants Marshall and Mitchell—searched his cell and confiscated his orthopedic shoes. (ECF No. 18, at 34-35.)

26 1 As required at this early stage, this Court accepts…