Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW JESSE HERNANDEZ, SR., Case No. 2:21-cv-1629-JDP (P) Plaintiff, v. ORDER BRIAN KIBLER, et al., Defendants. 16 17 Plaintiff, a state prisoner, brought this action under section 1983 alleging that defendants Kibler, Gray, Miranda, and Spearman violated his Eighth Amendment rights by discontinuing his access to four medical devices: a TENS device, a CPAP machine, a speaker pillow, and a wheelchair bag. ECF No. 56 at 4. He also alleges that defendants discontinued his pain medication (Robaxin) and denied him a neurological consult and various surgeries. Id. at 11, 13. Defendants have moved for partial summary judgment, ECF No. 65, arguing that plaintiff failed to administratively exhaust all claims against defendants Kibler and Spearman, and his claims related to the denial of the CPAP machine, Robaxin, consultation, and surgeries. Plaintiff has filed an opposition, ECF No. 68, and defendants have filed a reply, ECF No. 69. 27…