Padmesh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MARVIN PACK, JR., No. 2:18-cv-2944 KJM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JOE A. LIZARRAGA, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendant Padmesh’s motion to dismiss, ECF No. 31, which plaintiff opposes, ECF No. 42. I. Plaintiff’s Allegations Relevant to the motion to dismiss, the Second Amended Complaint alleges that defendant Padmesh performed a routine surgery to remove three lipomas from plaintiff’s forehead, mid- chest sternal area, and neck in the C4-C5 area. ECF No. 8 at 3. The surgery was performed on April 8, 2015, with a note that plaintiff was to have a follow up with a nurse for a wound check on April 10, 2015, and that the sutures on his forehead were to be removed in seven days while the other sutures were to be removed in ten days. Id. Plaintiff was also given…