Hamilton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELVIN JOHN HAMILTON, Case No.: 19-cv-1949-AJB (DEB)

Plaintiff,

REPORT AND

v. RECOMMENDATION ON

DEFENDANTS’ PARTIAL MOTION

CALIFORNIA DEPARTMENT OF

TO DISMISS

CORRECTIONS AND

15 REHABILITATION, et al., [DKT. NO. 10] 16 Defendants.

18 This Report and Recommendation is submitted to United States District Judge 19 Anthony J. Battaglia pursuant to 28 U.S.C. § 636(b) and Civil Local Rules 72.1(e) and 20 72.3(e). 21 Plaintiff Elvin John Hamilton is an inmate at R.J. Donovan Correctional Facility 22 (“RJD”). On October 7, 2019, Plaintiff filed a Complaint pursuant to 42 U.S.C. § 1983 23 claiming that RJD staff violated his civil rights by failing to respond appropriately to his 24 medical emergency. Dkt. No. 1. 25 26 27 28 On October 9, 2020, Defendants R. Rodriguez, E. Corleone, S. Ramirez, D. Hampton, and C. Legge filed a Partial Motion to Dismiss. Dkt. No. 10. On October 23, 2020, Plaintiff filed an Opposition. Dkt. No. 15. On…