Malet

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEAN-MAX DARBOUZE, No. 2:23-cv-3055 CSK P Plaintiff, v. ORDER DR. NYO HLA, Defendant. 16 I. INTRODUCTION Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is defendant Hla’s motion for summary judgment and plaintiff’s motion to file an amended complaint. (ECF Nos. 19, 26.) For the following reasons, defendant Hla’s motion for summary judgment is vacated and plaintiff’s motion to file an amended complaint is granted. II. BACKGROUND On February 9, 2024, the Court ordered service of plaintiff’s original complaint on defendant Hla as to plaintiff’s claims alleging violation of plaintiff’s Eighth Amendment right to adequate medical care based on defendant Hla’s alleged failure to treat plaintiff’s abdominal pain and defendant Hla’s alleged denial of plaintiff’s requests for a CPAP machine and single cell 28 status. …