Kibler

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW JESSE HERNANDEZ, SR., Case No. 2:21-cv-1629-JDP (P) 12 Plaintiff, 13 v. ORDER 14 BRIAN KIBLER, et al., 15 Defendants. 16 17 18 Plaintiff, a state prisoner, brought this action under section 1983 alleging that defendants 19 Kibler, Gray, Miranda, and Spearman violated his Eighth Amendment rights by discontinuing his 20 access to four medical devices: a TENS device, a CPAP machine, a speaker pillow, and a 21 wheelchair bag. ECF No. 56 at 4. He also alleges that defendants discontinued his pain 22 medication (Robaxin) and denied him a neurological consult and various surgeries. Id. at 11, 13. 23 Defendants have moved for partial summary judgment, ECF No. 65, arguing that plaintiff failed 24 to administratively exhaust all claims against defendants Kibler and Spearman, and his claims 25 related to the denial of the CPAP machine, Robaxin, consultation, and surgeries. Plaintiff has 26 filed an opposition, ECF No. 68, and defendants have filed a reply, ECF No. 69. 27…