Singh
(PC) Smith v. Singh
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DONALD JOSHUA SMITH, Case No. 2:20-cv-00101-TLN-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
THAT PLAINTIFF’S EIGHTH
v. AMENDMENT MEDICAL DELIBERATE
INDIFFERENCE CLAIMS AGAINST
DHARMYIR SINGH, et al., DEFENDANT DHARMYIR SINGH
PROCEED AND ALL OTHER CLAIMS BE
Defendants. DISMISSED FOURTEEN DAY DEADLINE TO FILE
OBJECTIONS
16 ECF No. 26
18 Donald Joshua Smith (“plaintiff”) is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. Plaintiff’s first two complaints were dismissed with leave to amend. ECF Nos. 11 & 20. He has now filed a second amended complaint which alleges that defendants Singh, Akintola, and Elder exhibited deliberate indifference toward his serious medical needs. ECF No. 26. I find, for the reasons stated below, that plaintiff has stated a cognizable Eighth Amendment deliberate indifference claim against…