Gant

I. BACKGROUND

1 This action was severed from King v. Villegas, No. 1:17-cv-00676-JLT-EPG (E.D. Ca) (King I), on April 26, 2023. (ECF No. 5). In King I, Plaintiff proceeds on claims of excessive force in violation of the Eighth Amendment against R. Villegas and P. Cruz. King I, ECF Nos. 1, 14, & 20. During the pendency of King I, Plaintiff moved to amend the complaint to add additional defendants and claims related to his medical care following the injuries from the excessive force incident at issue in that case. The motion was granted in part, and the Court in King I permitted Plaintiff to file his amended complaint as a separate case—the instant action— with respect to Plaintiff’s “Eighth Amendment claims against Grant and Vitto for failing to provide medical care after the alleged excessive force incident.” (ECF No. 5 at 2, n.1). The Court screened Plaintiff’s amended complaint (ECF No. 3) on May 17, 2023. The Court found Plaintiff stated a cognizable Eighth Amendment claim against Defendants Gant and Vito, registered nurses, based on his allegations that Defendants refused to provide him medical care after an alleged use…