Schmidt

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 12 JOSEPH WAYNE FOSTER, Case No. 2:17-cv-02199-MCE-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT BE GRANTED RALPH DELGADO, OBJECTIONS DUE IN 14 DAYS Defendant. ECF No. 33 18 19 Joseph Wayne Foster (“plaintiff”) alleges that, while he was incarcerated at High Desert State Prison, defendant Ralph Delgado violated his Eighth Amendment rights by denying him medical care for a painful back lipoma. Defendant Delgado has filed a motion for summary judgment arguing that he lacked the requisite culpability for Eighth Amendment deliberate indifference. After reviewing the pleadings, including plaintiff’s late-filed opposition, I recommend that defendant’s motion be granted. 1

1 Defendant argues that I should disregard plaintiff’s opposition. ECF No. 37 at 2-3. This argument is well-taken but, out of an abundance of caution and considering…