Knoll

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DERRICK WHEATEN, Case No.: 1:18-cv-00885-AWI-JLT (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO GRANT DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT

S. KNOLL, et al., (Doc. 35) Defendants. 16 Defendants Knoll, Capocciama, Gilliam, and Wildes move for summary judgment. (Doc. 35.) Plaintiff Derrick Wheaten filed an amended opposition to Defendants’ motion on December 9, 2019, to which Defendants replied. (Docs. 58-60.) For the reasons set forth below, the Court recommends that Defendants’ motion be granted and this action be dismissed. I. SUMMARY OF FACTS Plaintiff underwent surgery on July 19, 2016, to remove tumors in his forehead, left arm, and buttocks. (Doc. 1 at 2.) Plaintiff contends that the staples on his buttocks were removed “too early” post-surgery, causing the “wound to reopen prematurely and forc[ing] plaintiff to get packing 3 to 4 times per week to stop excessive blood discharge and drainage.” (Id. at 3.)…