Hamilton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELVIN JOHN HAMILTON, Case No.: 3:19-cv-01949-AJB-DEB Plaintiff,

ORDER:

v. (1) ADOPTING MAGISTRATE

CALIFORNIA DEPARTMENT OF JUDGE’S REPORT AND

CORRECTIONS AND RECOMMENDATION; and REHABILITATION, et al., 16 Defendants. (2) GRANTING IN PART AND DENYING IN PART DEFENDANTS’

PARTIAL MOTION TO DISMISS

(Doc. Nos. 10, 23) 20 Before the Court is Defendants’ partial motion to dismiss pro se prisoner Plaintiff’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).1 (Doc. No. 10.) Plaintiff alleges that prison staff violated his civil rights by failing to respond appropriately to his medical emergency in October 2017. (Doc. No. 1.) Among other things, Plaintiff’s Complaint asserts state law and official capacity claims. The Court referred the matter to United States Magistrate Judge Daniel E. Butcher for a Report and Recommendation

“Defendants” are R. …