ORDER GRANTING MOTION TO DISMISS AS TO DEFENDANT FLORES

ECF No. 7.

GONZALO P. CURIEL, District Judge.

On April 8, 2019, Plaintiff Anthony Gonzales ("Plaintiff") filed a complaint against Nurses Nichole Garcia and Juan Flores. ECF No. 1. On July 11, 2019, Defendant Flores filed a Rule 12(b)(6) motion to dismiss. ECF No. 7. Plaintiff responded on August 5, 2019. ECF No. 14. Based on a review of the papers, the Court finds this matter suitable for adjudication without oral argument pursuant to Local Rule 7.1(d)(1) and GRANTS Defendant's motion to dismiss Plaintiff's complaint as alleged against Defendant Flores.

Discussion

Plaintiff alleges that Nurse Nichole Garcia acted with deliberate indifference in failing to change his bandages on a daily basis, as ordered by his doctors, after he received surgery on his elbow to remove a loose bone fragment. ECF No. 1 at 3-5. Plaintiff alleges that Nurse Garcia's lack of care caused an infection and various post-surgical complications requiring that Plaintiff be hospitalized. Id. at 5, 8-59. Plaintiff further alleges that Sr. Nurse Juan Flores is liable for failing to train and supervise Nurse Garcia to ensure that she would provide adequate medical care to Plaintiff. Id. at 3-4.

Defendant seeks dismissal of Plaintiff's complaint on the basis that Plaintiff failed to state a claim of supervisory liability. ECF No. 7 at 4. Defendant argues that Plaintiff claims neither that Defendant "directed [Nurse] Gonzales to not change Plaintiff's surgical dressings" nor "that he knew of the violations and failed to prevent" Nurse Gonzales's conduct. Id. Plaintiff also does not assert that Defendant "personally participated" in his mistreatment. Id. Hence, Defendant requests that the Court find that Plaintiff failed to state a claim of supervisory liability. Id. at 4-5 (citing Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989)).

Plaintiff concedes that Defendant is correct. ECF No. 14. In response to Defendant's motion, Plaintiff states that Defendant "did not directly participate in [his] treatment" and that Defendant was not responsible for Nurse Garcia's actions. Id. at ¶ 1. Plaintiff asserts that he "wish[es] to continue on with the suit and pursue the claims against Nichole Garcia." Id. at ¶ 2.

The Court construes Plaintiff's response as stipulating to Defendant's requested relief. Consequently, the Court GRANTS Defendant's Flores motion to dismiss the complaint, but only as alleged against him. See Ladou v. City of Chula Vista, No. 09-CV-1438-BEN-NLS, 2010 WL 4868034, at *2 (S.D. Cal. Nov. 22, 2010) (dismissing claim against Defendant based on Plaintiff's concession).

IT IS SO ORDERED.