Kelley

(PC) Johnson v. Kelley

Good Law
United States District Court, Eastern District of CaliforniaMarch 13, 20202:18-cv-01969California4,136 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GILROY E. JOHNSON, No. 2:18-cv-1969 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LEE KELLEY, Defendant. 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 defendant was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. Before the court is defendant’s motion for summary judgment. For the reasons set forth below, the court will recommend defendant’s motion be granted. BACKGROUND This case is proceeding on plaintiff’s original complaint, filed here on July 13, 2018 (ECF No. 1.) Plaintiff alleged that in May and August 2017 while he was incarcerated at California State Prison-Sacramento (“CSP-Sac”), he was seen by defendant Kelly, a registered nurse, because he was experiencing severe pain in his right shoulder. When he asked to be referred to…

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