Lewis

Lewis v. NAKU

Good Law

650 F. Supp. 2d 1090·2009 WL 1911734·2009 U.S. Dist. LEXIS 59880

United States District Court, Eastern District of CaliforniaJuly 2, 2009Case S CIV 07-0090 DOCCalifornia1,738 words

Opinion

Carter, J.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

Before the Court is Defendant Binoye Naku’s (“Defendant”) Motion for Summary Judgement (the “Motion”). After considering the moving, opposing, and replying papers, the Court hereby GRANTS the Motion.

I. BACKGROUND

Petitioner Ted Lewis (“Petitioner”) filed the instant lawsuit under 42 U.S.C. § 1983 alleging that Defendant Binoye Naku (“Defendant”) was deliberately indifferent to his medical needs in violation of the Eighth Amendment’s prohibition against cruel and unusual punishment. Petitioner has had numerous complaints of back pain while housed at Salinas Valley State Prison due to an injury sustained on May 6, 1999. After being transferred to CSPSolano on August 16, 2005, Petitioner continued to complain of back pain due to both the May 6, 1999 injury and degenerative disc dysplasia. On December 29, 2005, Petitioner allegedly tripped over a stool while working as a metal fabricator at CSPSolano, thereby allegedly injuring his lower back and right knee.

On April 18, 2006, Defendant saw Petitioner for the first time for a complaint of dizziness and a general problem with his right ear. Defendant avers that Petitioner did not mention…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.