(PC) Palacios v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JORGE PALACIOS, No. 2:17-cv-2500 TLN CKD P Plaintiff, v. FINDINGS & RECOMMENDATIONS KEVIN SMITH, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion for summary judgment. ECF No. 59. I. Plaintiff’s Allegations and Procedural History In his complaint, plaintiff alleges three claims of deliberate indifference to serious medical needs against defendant Smith. (ECF No. 24 at 3-7.) In Claim One, he asserts that on April 26, 2017, Smith confiscated his cane without any reason despite his clear need for it. (Id. at 3.) Plaintiff states that without his cane, he was unable to walk to the dining room and missed regular meals from April 30, 2017 to July 14, 2017, which resulted in malnutrition. (Id.) Plaintiff states that the confiscation of his cane also led to three falls and an inguinal hernia. (Id.) …