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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH BIVINS, No. 2:16-cv-0389 MCE KJN P Plaintiff, v. ORDER AND FINDINGS AND

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DR. JEU, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and is proceeding in forma pauperis. Defendant Borges’ motion for summary judgment is before the court. As discussed below, defendant Borges’ motion should be granted. II. Plaintiff’s Allegations In his second amended complaint (ECF No. 52), plaintiff alleges that Dr. Borges was deliberately indifferent to plaintiff’s serious medical needs by denying plaintiff Harvoni medication treatment for Hepatitis C virus, by applying guidelines and criteria not applicable to Harvoni, and by relying on outdated criteria to find plaintiff should only receive interferon, which plaintiff alleges is known to cause complications in African Americans. 27 By order filed…