Bick

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GLEN LEON GUY, Case No. 2:21-CV-00823-WBS-JDP (PC) Plaintiff, FINDING AND RECOMMENDATION THAT

DEFENDANT HARF’S MOTION TO

v. DISMISS BE DENIED JOSEPH BICK, et al., ECF No. 24 Defendants. OBJECTIONS DUE IN FOURTEEN DAYS 16 17 Plaintiff, a state prisoner proceeding without counsel in this action under 42 U.S.C. § 1983, alleges that defendants violated his Eighth Amendment rights when they denied him treatment for pain following shoulder surgery. Defendant Harf, who performed the surgery under contract with the California Department of Corrections and Rehabilitation (“CDCR”), moves to dismiss plaintiff’s claims against him, arguing that he acted pursuant to instruction or policy set by defendant Bick, and thus did not act with deliberate indifference. ECF No. 24. This argument is unpersuasive, and I recommend that his motion be denied. 25 26 27 28 Legal Standards A. …