Akabike

(PC) Jackson v. Akabike

Good Law
United States District Court, Eastern District of CaliforniaApril 19, 20221:19-cv-01442California3,622 words

Opinion

Trial Court Opinion

I. INTRODUCTION

18 Plaintiff John Jackson (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 20 This case proceeds on Plaintiff’s claim against Defendant N. Akabike (“Defendant”) for 21 deliberate indifference to serious medical needs in violation of the Eighth Amendment. (ECF No. 22 10.) Plaintiff’s complaint alleges that Defendant, who is her primary care physician at California 23 Substance Abuse Treatment Facility and State Prison, Corcoran, knew Plaintiff was experiencing 24 severe stomach pain from H. pylori but ignored her complaints and delayed treatment. (See ECF 25 No. 1 at 8-10.) 26 Before the Court is Defendant’s motion for summary judgment. (ECF No. 42.) The matter 27 was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the 28 following reasons, the Court recommends that the motion be granted. II. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant filed her motion for summary judgment on September 16, 2021. (ECF No. 42.) Defendant argues that Plaintiff failed to exhaust her administrative remedies prior to filing…

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