McClure

ORDER DECLINING TO ADOPT FINDINGS AND RECOMMENDATIONS; DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE

Plaintiff George McClure is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983 . The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 (b)(1)(B) and Local Rule 302.

*1289 This action proceeds on plaintiff’s First Amended Complaint (“FAC”), filed February 9, 2015, in which plaintiff alleges that defendants C.K. Chen, M.D., and C. Horton, Physician Assistant violated his Eighth Amendment rights as a result of their deliberate indifference to his serious medical need. (Doc. No. 12.) In his FAC, plaintiff alleges as follows. Plaintiff is an epileptic with a long and documented history of seizures. (Id. at 6.) When plaintiff was incarcerated at Kern Valley State Prison (“KVSP”) in Delano, California, he informed medical staff and a screening nurse of his medical needs, and was given a lower bunk chrono prohibiting staff from housing him in an upper bunk. (Id. at 7.) Nevertheless, plaintiff was assigned to an upper bunk. (Id.) He subsequently experienced a seizure and fell from his bed,…