(PC) Cooks v. State of CA Dept. of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN EDWARD COOKS, No. 2:20-cv-1780 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION, et al., Defendants. 17 Plaintiff is a state prisoner, proceeding through counsel. Defendant State of California, by and through the California Department of Corrections and Rehabilitation (“CDCR”), moves for judgment on the pleadings as to all four causes of action alleged against the CDCR. Plaintiff filed an opposition, and defendant CDCR filed a reply. As set forth below, it is recommended that the motion be partially granted. I. Plaintiff’s Complaint On January 26, 2018, plaintiff broke his leg; defendant Dr. Lameer performed surgery, inserting a metal plate and five screws (“the hardware”). Although the bone healed, plaintiff continued to suffer extreme pain; on March 19, 2019, Dr. Lameer surgically removed the hardware without first…