Auld

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD GOSZTYLA, No. 2:22-cv-01276-KJM-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 AULD, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On August 6, 2024, pursuant to 28 U.S.C. § 1915A(a), the court determined that 19 plaintiff’s second amended complaint1 (SAC) alleged potentially cognizable Eighth Amendment 20 and Fourteenth Amendment claims against defendants Auld (a supervising registered nurse), Hla 21 (a physician and surgeon), and Malet (an osteopathic physician and surgeon). ECF Nos. 45, 48. 22 Defendants now move for summary judgment. ECF No. 54. Plaintiff has responded, ECF No. 23 58, and defendants have replied, ECF No. 59. For the following reasons, defendant’s motion for

24 1 The court had already determined that plaintiff’s first amended complaint (FAC) alleged potentially cognizable Eighth Amendment and Fourteenth Amendment claims…