Schwerdtfeger

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 MICHAEL JOSEPH Case No.: 19-cv-02255 JLS (JLB)

SCHWERDTFEGER,

REPORT AND

Plaintiff, RECOMMENDATION REGARDING v. DEFENDANT’S MOTION TO

DISMISS COMPLAINT

PARAMO, et al., 17 Defendants. [ECF No. 9] 18 19 Before the Court is a motion to dismiss filed by Defendant R. Buckel (“Defendant”). (ECF No. 9.) Defendant moves to dismiss the complaint filed by Plaintiff Michael Joseph Schwerdtfeger (“Plaintiff”) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure on the ground that the complaint fails to state an Eighth Amendment claim for deliberate indifference under 42 U.S.C. § 1983. (Id. at 1.) Plaintiff filed an opposition (ECF No. 11), and Defendant filed a reply (ECF No. 12). Pursuant to 28 U.S.C. § 636(b) and Civil Rule 72.3 of the Local Rules of Practice for the United States District Court for the Southern District of California, this Report and Recommendation is submitted to…