Tyler
Tyler v. Doctor Lu
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 CLAUDIE TYLER, Case No.: 23cv2284-LL-SBC CDCR No. K-19763,
ORDER DISMISSING ACTION
Plaintiff, WITHOUT PREJUDICE vs.
DOCTOR LU,
Defendant. 16 On December 13, 2023, Plaintiff Claudie Tyler (“Plaintiff”), a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983. ECF No. 1, Complaint (“Compl.”). Plaintiff claims that while he was incarcerated at the Richard J. Donovan Correctional Facility (“RJD”) in San Diego, California, his treating physician, Defendant Dr. Lu (“Defendant”), discontinued his diabetes medication for nearly two years in violation of the Eighth Amendment. Id. at 3. Plaintiff has paid the civil filing fee. ECF No. 6. On December 27, 2023, the Court granted Plaintiff leave to proceed IFP and dismissed the Complaint without prejudice for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915A(b)(1). ECF No. 7.…