Singh

(PC) Smith v. Singh

Good Law
United States District Court, Eastern District of CaliforniaJanuary 28, 20212:20-cv-00101California1,263 words

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…

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