Aung

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVE WILHELM, No. 2:22-cv-02323 DJC SCR P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

SANDAR AUNG, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. § 1983. Pending before the undersigned are the parties’ cross motions for summary judgment. For the reasons set forth below, the undersigned recommends that plaintiff’s motion for summary judgment (ECF No. 41) be denied, and defendant’s motion for summary judgment (ECF No. 46) be granted. PROCEDURAL BACKGROUND I. Plaintiff’s First Amended Complaint The action is proceeding on plaintiff’s first amended complaint (“FAC”) filed on June 26, 2023. (ECF No. 8.) The FAC names Dr. Aung, plaintiff’s physician since “about July 2018,” as defendant. (Id. at 3.) Plaintiff alleges he has serious prostate and kidney issues of which Dr. Aung was aware. (Id. at…