Win

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKY PARNELL, No. 2:18-cv-0220 WBS KJN P Plaintiff, ORDER AND v. FINDINGS AND RECOMMENDATIONS DR. WIN, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, in this civil rights action filed pursuant to 42 U.S.C. § 1983. In his complaint, plaintiff alleges that defendants Dr. Win and Dr. Chen were deliberately indifferent to plaintiff’s serious medical needs in violation of the Eighth Amendment. Pending before the court is defendants’ motion for summary judgment. As discussed below, the undersigned recommends that the motion be granted. II. Allegations/Complaint Plaintiff alleges Drs. Win and Chen were deliberately indifferent to his medical need for a lower tier/lower bunk assignment, and that as a result, he suffered unnecessarily in violation of his Eighth Amendment right to be free of cruel and unusual punishment. He seeks injunctive 27 …