Krpin
(PC) Cox v. Krpin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST LEE COX, Jr., No. 2:18-cv-02523 TLN DB Plaintiff, v. FINDINGS AND RECOMMENDATIONS JOHN KRPIN, Defendant. 16 Plaintiff, Ernest Lee Cox, Jr., is a state prisoner proceeding pro se and in forma pauperis in an action brought under 42 U.S.C. § 1983. The action proceeds on plaintiff’s complaint, as screened by the court, filed September 17, 2018. (ECF No. 1.) Plaintiff asserts a claim under the Eighth Amendment for deliberate indifference to medical needs. Before the court is defendant’s motion to dismiss, which argues that plaintiff failed to allege sufficient facts to state a cognizable Eight Amendment claim. (ECF No. 29) Defendant claims plaintiff has not alleged facts which showed that defendant was aware of plaintiff’s serious medical needs, that a serious medical need existed, and that defendant’s actions were the cause of the harm the plaintiff suffered. (Id.) For the foregoing reasons, the court will…