Purpura

INTRODUCTION

22 Pending before the Court is R. Calvert’s (“Defendant”) Motion to Dismiss the Fourth 23 Amended Complaint. (Doc. No. 29). The Honorable Bernard G. Skomal, United States 24 Magistrate Judge, issued a report and recommendation (“Report”) recommending the 25 Court deny Defendant’s motion to dismiss the Eighth Amendment claim and state law 26 claim and dismiss Plaintiff’s Fourteenth Amendment claim without leave to amend. See 27 Doc. No. 38. After careful consideration of the parties’ submissions, and for the reasons 28 set forth below, the Court (1) OVERRULES Defendant’s objection; (2) ADOPTS the magistrate judge’s Report; (3) DENIES Defendant’s motion to dismiss the Eighth Amendment and state law claim; and (4) DISMISSES Plaintiff’s Fourteenth Amendment claim without leave to amend. BACKGROUND Following this Court’s order adopting the magistrate judge’s report and recommendation and dismissing Plaintiff’s third amended complaint with leave to amend, Plaintiff filed a fourth amended complaint on October 5, 2022. Plaintiff asserts claims for negligence and wrongful act and omission…