Greenleaf

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ISRAEL RIOS, No. 2: 20-cv-0146 TLN KJN P Plaintiff, v. ORDER DELMAR GREENLEAF, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant Greenleaf’s summary judgment motion. (ECF No. 29.) For the reasons stated herein, defendant’s summary judgment motion is vacated and counsel is appointed to assist plaintiff with drafting an amended complaint. Plaintiff’s Claims This action proceeds on the original complaint filed January 21, 2020, against defendant Dr. Delmar Greenleaf, employed at High Desert State Prison (“HDSP”). (ECF No. 1.) Plaintiff alleges that defendant Greenleaf failed to prescribe an antibiotic to treat H-pilory virus in violation of the Eighth Amendment. In particular, plaintiff alleges that in August 2017, plaintiff complained of pain in the upper right…