(PC) Scherffius v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL E. SCHERFFIUS, No. 2:13-cv-1277 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CHRISTOPHER SMITH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges defendants were deliberately indifferent to his serious medical needs. Before the court is defendants’ motion for summary judgment. For the reasons set forth below, this court will recommend defendants’ motion be granted. BACKGROUND This case is proceeding on plaintiff’s second amended complaint (“SAC”) filed here on July 20, 2015. (ECF No. 25.) He alleges conduct by defendants from 2009 to 2012 when he was incarcerated at Mule Creek State Prison (“MCSP”). On screening, the court found plaintiff stated cognizable claims for relief against the following defendants: (1) Christopher Smith, the Chief Physician and…