Spencer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEAN-MAX DARBOUZE, No. 2:23-cv-1419 WBS CSK P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SPENCER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. § 1983. Defendant Dr. R. Kim’s motion to dismiss is before the Court. As discussed below, the Court recommends that plaintiff’s claims against defendant Dr. R. Kim in his official capacity be dismissed. I. PLAINTIFF’S COMPLAINT Plaintiff alleges that in 2019, while housed at High Desert State Prison (“HDSP”), his Eighth Amendment rights were violated by Dr. Spencer’s refusal to change plaintiff’s medication for his serious mental health needs including severe depression and chronic insomnia, despite plaintiff informing Dr. Spencer on multiple occasions that the prescribed medications were not working, and such refusal made plaintiff’s symptoms worse. Dr. Spencer diagnosed plaintiff…