Toor

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL MCNEIL, Case No. 1:19-cv-1257-KES-HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

v. (Docs. 53, 84) KIRAN TOOR, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 2, 2024, the magistrate judge issued findings and recommendations, recommending that defendants’ motion for summary judgment be granted because there is no genuine dispute of material fact that any defendant was deliberately indifferent to plaintiff’s serious medical need. See Doc. 84. The magistrate judge found that although plaintiff had a serious medical need, the undisputed evidence showed that defendants’ response was not one of deliberate indifference and there was no constitutional violation, and therefore defendants were 26 …