Steven Kwon v. J. Gastelo

I. INTRODUCTION

On November 18, 2019, Plaintiff, a state prisoner currently housed at the California Men’s Colony in San Luis Obispo, California, filed this civil rights action under 42 U.S.C. § 1983. See Dkt. 1 (“Complaint”). Plaintiff's Complaint names six people as Defendants: (1) J. Gastelo, Warden, (2) Dr. J. Cruz, (3) Dr. Joseph B. Griffin, (4) Jane Doe, Nurse, (5) Raymond Olivas, Nurse, and (6) S. Gates, Chief of Health Care Appeals. See Complaint at 3-4.! Plaintiff names Warden Gastelo in her official and individual capacity; the remaining defendants are named tn their individual capacity only. See id. Construed liberally, Plaintiff raises Eighth Amendment inadequate medical care against each of the Defendants and Eighth Amendment sexual assault and

' All page references are to the CM/ECF pagination.

Fourteenth Amendment unwanted medical care claims against Dr. Griffin. See id. at 5. The Complaint is construed in the light most favorable to Plaintiff and all material allegations are taken to be true. See Love v. United States, 915 F.2d 1242, 1245 (9th Cir. 1989). A complaint must “state a claim to relief that is plausible on its face.” Bell Atl. Corp.…