Kibler

(PC) Hernandez v. Kibler

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20242:21-cv-01629California1,282 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANDREW JESSE HERNANDEZ, Sr., Case No. 2:21-cv-01629-JDP (PC) Plaintiff, ORDER v. GRANTING DEFENDANTS’ MOTION

TO DISMISS PLAINTIFF’S EIGHTH

BRIAN KIBLER, et al., AMENDMENT CLAIM THAT

DEFENDANTS DISCONTINUED PAIN

Defendants. MEDICATION, SURGERIES, AND

SPECIALTY CONSULTATIONS

16 ECF No. 42 17 Plaintiff Andrew Hernandez is a state prisoner proceeding without counsel in this action under 42 U.S.C. § 1983. He alleges that defendants Spearman, Gray, Miranda, and Kibler violated his rights under the Eighth Amendment when they discontinued various medical devices and treatments. Defendants move to dismiss plaintiff’s allegations relating to the discontinuation of his pain medication, surgeries, and specialty consultations. ECF No. 42. After reviewing the 23 1 Defendants previously filed a motion to dismiss which addressed, among other things, plaintiff’s allegations that he was denied access to prescribed medical devices. ECF No.…

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