Akabike

I. FACTUAL ALLEGATIONS

23 Plaintiff is currently housed at the Substance Abuse Treatment Facility. (Compl., Doc. 1 24 at ⁋ 6.) He was previously housed at Pleasant Valley State Prison, where he was seen by a 25

1 Plaintiff chooses to be referred to by the pronouns, “she” and “her.” However, Plaintiff’s pleadings use “he” and “him.” For consistency, these findings and recommendations reference Plaintiff using the male pronouns. 2 Defendant’s name has changed from Akabike to Ndu. (Decl. of B. Feinberg, M.D., Doc. 28-5 at ⁋ 6.) The Court will primary care provider for a number of issues on January 15, 2014. (Feinberg Decl., Ex. B, Doc. 28-5 at 10.) Plaintiff complained of right big toe pain, which he described as constant, throbbing, and 7/10 in intensity, and requested to be provided with an orthopedic shoe. (Feinberg Decl., Ex. B., Doc. 28-5 at 10.) The PCP examined Plaintiff, noted that Plaintiff’s big toe to be mildly swollen but nontender, and suspecting a bunion, referred Plaintiff to a podiatrist. (Id. at 10–11.) On January 22, 2014, Plaintiff was seen by Dr. Kristal for a podiatry evaluation. (Id. at 12.) Dr. Kristal diagnosed…